The Supreme Court on Friday set aside a Delhi High Court order that had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case and directed the High Court to hear the matter afresh.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi also instructed the High Court to make efforts to decide Sengar’s main appeal against his conviction and life imprisonment within two months.
The apex court further observed that if the High Court is unable to dispose of the main appeal within the stipulated period, it should decide Sengar’s plea seeking suspension of sentence before the commencement of the court’s summer vacation.
The bench clarified that it was not expressing any opinion on the merits of the case and said the High Court was free to hear and decide the matter independently.
The Chief Justice also asked the High Court to examine legal questions, including whether an elected MLA can be treated as a public servant under provisions of the Protection of Children from Sexual Offences (POCSO) Act.
Earlier, the Supreme Court had stayed the Delhi High Court’s order granting relief to Sengar following widespread public criticism and protests. On December 29 last year, the top court had ordered that he should remain in custody and not be released.
In its December 23, 2025 order, the Delhi High Court had observed that Sengar was convicted under Section 5(C) of the POCSO Act, which deals with aggravated penetrative sexual assault by a public servant. However, it had questioned whether an elected representative falls within the legal definition of a “public servant” under Section 21 of the Indian Penal Code.
The High Court had suspended Sengar’s life sentence during the pendency of his appeal, noting that he had already spent over seven years in prison.
The order had triggered widespread criticism from activists, members of the victim’s family and several sections of society, leading to legal challenges and renewed public debate over the case.
