The Supreme Court set aside the Delhi High Court order suspending the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case and asked it to decide the plea afresh.
A bench led by Chief Justice of India Surya Kant directed the High Court to make efforts to decide Sengar’s main appeal against conviction and life imprisonment within two months.
The apex court also asked the High Court to reconsider whether an MLA can be treated as a “public servant” under the POCSO Act, an issue cited earlier while suspending Sengar’s sentence.
SC Sets Aside Delhi HC Relief to Kuldeep Sengar in Unnao Rape Case
Top court asks High Court to hear former BJP MLA’s plea afresh, expedite appeal within two months
Summary
The Delhi High Court's decision to suspend former BJP MLA Kuldeep Singh Sengar's life sentence in the 2017 Unnao rape case was overturned by the Supreme Court on Friday, and it was urged to reconsider the request.
A panel made up of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi further requested that the high court try to resolve Sengar's primary appeal against his conviction and life sentence in the case within two months.
It further said that if it was not possible for the high court to decide the main plea expeditiously, then it should pass an order on a plea of Sengar seeking the suspension of the life term in the case before the start of the summer vacation there.
The bench, which had previously overturned the HC's judgement giving Sengar bail following significant public outcry over the matter, stated that it had no view on the case's merits and that the high court may start anew.
Additionally, the CJI requested that the HC make new decisions on matters such as whether an MLA can be prosecuted under the Protection of Children from Sexual Offences (POCSO) Act as a public worker.
Earlier, the top court had deferred to the first week of May the hearing on a petition filed by the CBI challenging the suspension of life imprisonment of the former MLA in the rape case.
The Delhi High Court's ruling suspending Sengar's life sentence was stayed by the top court on December 29 of last year, and it stated that he would not be released from custody.
Sengar was found guilty under Section 5 (C) of the POCSO Act (aggravated penetrative sexual assault by a public servant), according to the Delhi High Court's order dated December 23, 2025. However, an elected official does not meet the definition of a "public servant" under Section 21 of the Indian Penal Code.
Sengar was serving a life sentence in the Unnao rape case, but the high court halted it while his appeal was pending, stating that he had already completed seven years and five months in prison.
The high court order has sparked criticism from various sections of society, and protests were held by the victim, her family and activists.
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