A significant legal challenge has emerged in the high-profile Unnao rape case. A petition has been filed before the Supreme Court of India, contesting the recent decision by the Lucknow bench of the Allahabad High Court to suspend the jail sentence of former Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar.
The Core of the Legal Challenge
The petition, lodged directly with the apex court, argues against the suspension of Sengar's sentence. It urges the Supreme Court to take suo motu cognizance of the matter or, alternatively, to treat the filing as a Public Interest Litigation (PIL). The central plea is for the court to overturn the High Court's order that granted Sengar suspension of his sentence and subsequent release from jail.
The Allahabad High Court's Lucknow bench had ordered the suspension of Sengar's sentence on March 13, 2024, leading to his release from jail after serving over five years of his punishment. Sengar was convicted and sentenced to life imprisonment for the brutal rape of a minor girl from Unnao in 2017. The case had sparked nationwide outrage due to the survivor's courageous fight for justice and the subsequent tragic car accident that targeted her and her family.
Background and Timeline of the Case
The horrific crime dates back to 2017, when the survivor, then a minor, was raped by Kuldeep Sengar, a powerful four-time MLA from Bangarmau in Unnao district. The survivor's struggle for justice was met with immense obstacles and intimidation. In a tragic turn of events in July 2019, the survivor and her lawyer were critically injured, while two of her aunts were killed in a suspicious car crash. This incident was widely viewed as an attempt to silence the victim and her family.
The legal process saw Sengar being expelled from the BJP. In December 2019, a Delhi court found him guilty of rape under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, sentencing him to life imprisonment. The court also imposed a hefty fine of Rs 25 lakh, which was to be paid to the survivor. The conviction was upheld by the Delhi High Court in March 2020.
Grounds for the Supreme Court Petition
The new petition before the Supreme Court raises critical questions about the principles of justice and the message sent by suspending the sentence of a convict in such a heinous crime. It emphasizes that the release of Sengar, even if temporary pending an appeal, undermines the severity of the offense and the trauma endured by the survivor. The petitioner contends that the suspension could have a chilling effect on survivors of sexual violence who come forward against influential individuals.
The legal move highlights the ongoing tension between the right to appeal and the necessity of ensuring that justice is not only done but also seen to be done, especially in cases involving crimes against women and abuse of power. The Supreme Court's decision on whether to admit and hear this petition will be closely watched, as it carries significant implications for the case and for similar legal precedents.
Wider Implications and Public Response
The suspension of Sengar's sentence had already drawn sharp criticism from women's rights groups, activists, and the political opposition. This petition to the Supreme Court formalizes that dissent into a legal framework. It underscores a broader societal concern about the accountability of public representatives and the efficacy of the judicial process in delivering timely and unequivocal justice in cases of sexual assault.
The survivor and her family have endured a long and painful journey, marked by the crime, a fight for an FIR, a deadly attack, and a protracted trial. The latest development adds another layer to this complex legal saga. All eyes are now on the Supreme Court registry, which will process the petition and likely place it before a bench for initial hearing, determining the next chapter in this landmark case.
