Supreme Court Cancels Delhi High Court Order Granting Relief to Kuldeep Singh Sengar; Orders Fast-Tracked Hearing in Unnao Case

The bench comprising Justice Surya Kant and Justice Joymalya Bagchi rejected the Delhi High Court’s interpretation that a Member of Legislative Assembly cannot be treated as a public servant. The High Court had earlier held that the Protection of Children from Sexual Offences Act does not classify an MLA as a “public servant,” a condition relevant for eligibility considerations in bail matters under the statute.

While cancelling the release order, the Supreme Court clarified that it was not expressing any opinion on the merits of Sengar’s pending appeal. Instead, it directed the Delhi High Court to ensure a fast-tracked hearing of the appeal and conclude the matter within two months.

The Supreme Court further stated that if the appeal is not decided within the stipulated period, the High Court must reconsider the plea for suspension of sentence afresh, without relying on its earlier reasoning regarding the “public servant” status of the accused.

The ruling comes amid intense public protests in New Delhi over Sengar’s interim release on bail upon payment of ₹15 lakh. The temporary liberty had triggered widespread outrage and demonstrations in the national capital.

Tensions escalated following an incident involving the survivor and her mother, who were allegedly threatened by security personnel during protests against the accused’s release. A viral video showed the mother reportedly being forced to jump off a moving bus while holding her child.

“We got no justice. My child is still being held captive. I feel like we are going to be murdered,” the survivor’s mother stated in a media interview.

The Central Reserve Police Force maintained that the survivor was being escorted; however, the absence of an official explanation regarding the circumstances of the mother being removed from the vehicle has led to allegations of intimidation by the central security force.

Kuldeep Singh Sengar, a four-term MLA, was convicted in 2019 and sentenced to life imprisonment for the sexual assault of a minor girl. He had previously been granted suspension of sentence for seven and a half years, which the High Court described as exceeding the minimum period required for bail eligibility. The Supreme Court’s latest ruling effectively revives custody, stating that such prior consideration cannot be used to keep him out of prison.

The case continues to remain a prolonged legal battle marked by competing judicial interpretations, protests, and ongoing appeals.