The Supreme Court on Monday hinted that it could put on hold the bail granted to Kuldeep Singh Sengar, the expelled BJP MLA convicted in the 2017 Unnao rape case, as it heard a petition filed by the Central Bureau of Investigation challenging the Delhi High Court’s decision to suspend his life sentence. The apex court observed that although courts generally avoid withdrawing liberty once granted, the present matter was exceptional, especially since Sengar continues to remain in jail in connection with another case.

A three-judge vacation bench led by Chief Justice of India Surya Kant took up the matter amid tight security arrangements outside the Supreme Court and protests by Congress workers demanding justice for the survivor. The CBI, represented by Solicitor General Tushar Mehta, described the case as “very horrific” and urged the court to stay the high court’s order, arguing that it failed to fully appreciate the gravity of the offence and Sengar’s position of influence at the time of the crime.

The agency pointed out that Sengar was convicted for kidnapping and raping the survivor when she was a minor, aged 15 years and 10 months, and was sentenced to life imprisonment. While the Delhi High Court suspended the sentence on the ground that he had already served over seven years in prison, Sengar has not been released as he is also serving a 10-year sentence in the custodial death case of the survivor’s father.

During the hearing, the Solicitor General contended that Sengar, as a sitting MLA at the time of the offence, exercised a dominant position and should be treated as a public servant for the purpose of aggravated sexual assault under the POCSO Act. He argued that enhancement of punishment through subsequent legal amendments does not violate constitutional safeguards, as the offence itself remains unchanged. The Chief Justice observed that while the nature of the offence remains the same, Parliament’s intent to treat such crimes with utmost seriousness must guide judicial consideration.

The court also heard submissions emphasising that the survivor and society at large are entitled to accountability, particularly in cases involving sexual violence against minors. Activists present outside the court expressed hope that the Supreme Court would overturn the high court’s order and ensure justice.

The apex court is expected to continue hearing the matter, with its final decision likely to have significant implications for the handling of serious sexual offence cases involving influential public figures.