A significant legal challenge has been mounted against the suspension of former Bharatiya Janata Party (BJP) legislator Kuldeep Singh Sengar's prison sentence in the notorious Unnao rape case. A fresh petition has been filed directly in the Supreme Court of India, contesting a recent order from the Allahabad High Court.
The Core of the Legal Challenge
The petition, filed by the survivor's uncle, argues that the Allahabad High Court made a critical error in law. On March 5, 2024, the High Court had suspended Sengar's 10-year sentence and ordered his release on bail. This decision was made while Sengar's appeal against his conviction and sentence was still pending before the court.
The Supreme Court petition contends that the suspension of sentence and grant of bail was not legally justified. It emphasizes that Sengar was convicted for a heinous crime under the Protection of Children from Sexual Offences (POCSO) Act, which carries stringent provisions. The petitioner's legal team asserts that the High Court did not adequately consider the gravity of the offense and the principles normally applied in such serious cases when deciding to release the convict.
Background and Timeline of the Unnao Case
To understand the weight of this petition, one must recall the harrowing details of the case. Kuldeep Sengar, a four-time MLA from Bangarmau in Unnao district, was a powerful political figure. The case erupted in 2017 when a minor girl accused him of rape. The incident sparked national outrage, compounded by further tragedy when the survivor's father died in judicial custody and she was severely injured in a suspicious car accident.
In December 2019, a Delhi trial court found Sengar guilty of rape under the POCSO Act and sentenced him to life imprisonment. The court also imposed a fine of Rs. 25 lakh, which was to be paid to the survivor. However, in a subsequent development, the Delhi High Court later reduced his life term to a 10-year sentence. It is this 10-year sentence that the Allahabad High Court suspended earlier this month, leading to Sengar's release from jail after spending over five years behind bars.
Implications and Next Steps
The filing of this petition in the Supreme Court throws the legal fate of Kuldeep Sengar back into uncertainty. The apex court will now have to examine whether the High Court exercised its discretion correctly in suspending the sentence of a convict found guilty of a crime that shook the nation's conscience.
The outcome of this petition is being closely watched, as it will set a significant precedent regarding the suspension of sentences in cases involving powerful individuals and serious sexual offenses against minors. The survivor's family seeks not just legal rectitude but also a message that the justice system remains unwavering in the face of influence and pressure.
Legal experts point out that the Supreme Court's intervention is sought on grounds that the High Court's order may be per incuriam (passed in ignorance of a relevant law). The next hearing before the Supreme Court will determine whether Sengar's temporary freedom will continue or if he will be sent back to prison to serve the remainder of his term pending the final disposal of his appeal.
