NEW DELHI: The Supreme Court on Monday stayed the operation of the Delhi High Court order that had suspended the life sentence and granted bail to expelled Bharatiya Janata Party leader Kuldeep Singh Sengar in the 2017 Unnao rape case.
"We are conscious of the fact that when a convict or an undertrial has been released, such orders are not ordinarily stayed by this court without hearing such persons. But in view of peculiar facts, where the convict is also convicted for a separate offence, we stay the operation of the Delhi High Court," ordered a three-judge Bench led by Chief Justice of India (CJI) Surya Kant.
The bench, also comprising Justices J.K. Maheshwari and Augustine George Masih, issued notice to Sengar in the Central Bureau of Investigation's (CBI) plea and directed that a counter-affidavit be filed within four weeks.
The apex court clarified that Sengar will not be released pursuant to the impugned Delhi High Court's order.
The CJI-led Bench agreed to examine the submission of Solicitor General (SG) Tushar Mehta, who argued that the Delhi High Court's interpretation would mean a police constable could be treated as a "public servant" under the Protection of Children from Sexual Offences (POCSO) Act, while a member of the legislature would stand excluded.
Appearing for the CBI, SG Mehta said the Delhi High Court "erred" in concluding that a legislator would not fall within the category of a "public servant" for the award of sentence. (IANS)
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