Supreme Court Stays Delhi HC Order Suspending Kuldeep Sengar' Sentence in Unnao Rape Case

New Delhi: The Chief Justice of India Surya Kant observes the court is tentatively inclined to stay the Delhi High Court order suspending Kuldeep Sengar’s sentence in the Unnao rape case. He also added that Sengar will not be released from jail.

In its order, the Supreme Court said, "We have heard the Solicitor General and senior counsel for the convict. We find that several substantial questions of law arise. A counter-affidavit shall be filed within four weeks. While we are mindful that the court ordinarily does not stay release orders once a convict or undertrial has been freed, in view of the peculiar facts, where the convict has already been convicted in a separate case, we stay the operation of the Delhi High Court order dated December 23. Accordingly, the respondent, Kuldeep Singh Sengar, shall not be released pursuant to that order.”

Additionally, the Supreme Court issued a notice to Kuldeep Sengar. The next hearing is scheduled to take place in January.

Following the order by the apex court, Hemant Kumar Maurya, the lawyer for the survivor said, "We thank the Supreme Court for today's order. The survivor wants to express her gratitude as well."

While delivering the order, SC observed that the survivor has the right to file a separate Special Leave Petition (SLP) and does not require specific liberty from the Court to do so. It directed the Legal Services Committee to provide free legal aid if needed.

On December 23, the high court suspended the jail term of Sengar, who was serving a life sentence in the 2017 Unnao rape case, saying he had already served seven years and five months in prison.

Sengar has challenged the December 2019 trial court verdict in the case. However, the former BJP MLA will remain in jail as he is also serving a 10-year term for the custodial death of the rape survivor’s father.