New Delhi- In a significant reprieve for the Unnao rape survivor, the Supreme Court on Monday stayed the Delhi High Court's December 23 order suspending the life sentence of convicted rapist Kuldeep Singh Sengar and granting him conditional bail, ensuring he remains in Tihar Jail pending further hearings.
The matter was heard by a vacation bench of Chief Justice of India (CJI) Surya Kant and Justices JK Maheshwari and Augustine George Masih on Central Bureau of Investigation (CBI) plea. Hemant Kumar Maurya, a lawyer for the survivor, said, “We thank the Supreme Court for today’s order. The survivor also wants to express her gratitude. The court has made it clear that the accused will not be released from jail under any circumstances. The High Court’s relief has been stayed, and the opposition has been given time to file a counter-affidavit. Until then, Sengar will remain in custody.”
The apex court's ruling follows widespread outrage over the high court's decision, which had allowed Sengar expelled from the BJP in 2019, interim release after nearly eight years of incarceration, subject to conditions like a Rs 15 lakh bond and restrictions on contacting the survivor or witnesses. The Unnao case originated in 2017 when a minor accused the then-BJP MLA of rape, leading to a cascade of tragedies: the survivor's father died in police custody after an alleged beating by Sengar's aides, and two aunts perished in a 2019 car crash suspected to be orchestrated by his supporters. Sengar was convicted under IPC Sections 376 (rape), 306 (abetment to suicide), and 201 (causing disappearance of evidence), receiving life imprisonment alongside a 10-year term for the custodial death.
Tensions at Jantar Mantar escalatedon Sunday during a dharna by the survivor, her family, and allies including Yogita Bhayana who demanded the bail's revocation. Barkha Trehan, president of the Purush Aayog (Men's Commission), arrived carrying placards such as "Justice for Kuldeep Sengar – Dont politicize rape," "Have Faith in Judiciary". The standoff involved verbal exchanges with police separating the groups. Videos on social media showed Yogita confronting Trehan, stating, "You're supporting a rapist, You should be ashamed of yourself ".
Speaking to media outlets amid the confrontation, Trehan defended her position as a call for judicial respect, declaring, "We must respect the Court's order. Politics over rape should stop; the survivor will not get justice at Jantar Mantar." She added that Sengar deserved bail as a "fundamental right under Article 21," noting, "Every evidence was provided in court, and justice must be based on facts, not emotions."
Trehan described the anti-bail protests as a "fundraising drive by NGOs", aimed at creating "anarchy" to pressure judges, asserting, "The victim is trying to politicize the issue" She warned that disregarding the high court's decision constituted "contempt," stating, "If we don't trust the judiciary, we're inviting chaos. Bail was granted after due process, considering his prolonged incarceration."
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