What's next for Kuldeep Sengar after Supreme Court setback in Unnao rape case

The Delhi High Court had suspended the sentence of former Bharatiya Janata Party MLA Kuldeep Singh Sengar

• Supreme Court stays Delhi HC order suspending Kuldeep Sengar's life sentence
• Sengar jailed, serving 10 years for victim's father's custodial death.
• Sengar barred from 2027 UP elections due to election law disqualification

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The Supreme Court on Monday stayed the Delhi High Court order suspending life sentence of expelled BJP leader Kuldeep Singh Sengar in the 2017 Unnao rape case.

The Bench, comprising Chief Justice of India Surya Kant and Justices JK Maheshwari and Augustine George, also said that there is ambiguity on the definition of ‘public servant’ under the POCSO.

Acknowledging its responsibility to the survivor, the court issued notice to Sengar on a plea by the Central Bureau of Investigation (CBI). The former BJP leader was given four weeks to respond.

Before the top court, the CBI, represented by Solicitor General of India Tushar Mehta, described the Delhi High Court’s order, suspending the sentence and granting bail as a consequence, as “contrary to law” and “perverse”.

Sengar was convicted in 2019 by a special CBI court and sentenced to life imprisonment along with a fine of 25 lakh rupees in the Unnao rape case of Uttar Pradesh.

The case refers to the gang-rape of a 16-year-old girl which took place in June 2017 in Uttar Pradesh’s Unnao.

Following mounting public pressure and political criticism, the BJP first suspended Sengar and later expelled him from the party in August 2019.

He had filed an appeal against his conviction before the Delhi High Court in January 2020 and later moved a plea seeking suspension of sentence in March 2022.

Why did Delhi HC suspend Sengar’s sentence?

According to the Delhi HC, on the face of it, the facts of the case do not fulfill the conditions required to apply the stricter offence of “aggravated penetrative sexual assault” under section 5 of the Protection of Children from Sexual Offences Act. This was because Sengar does not fall within the definition of a “public servant”, it said.

What is next for Sengar?

Kuldeep Sengar remains in jail for now, serving a concurrent sentence over the custodial death of the woman's father.

The top court will also examine the CBI’s appeal and decide whether the suspension of his life sentence was justified.

Can he contest the 2027 UP assembly election?

Sengar is also serving 10 years in jail for the custodial death of the victim’s father. Under India’s Representation of People Act, anyone sentenced to more than two years is disqualified from elections.

Hence, Senger cannot contest the 2027 Assembly elections or leave jail until relief is granted in the murder case.