"Why Should We Pass An Order?": Supreme Court Rejects Ex- BJP MLA Kuldeep Singh Sengar’s Plea To Expedite Appeal Pending Before Delhi High Court
The Court dismissed Sengar’s special leave petition seeking bail and directions to the Delhi High Court to expedite his pending appeal in the Unnao rape case, stating that any bail order would be merely “theoretical” since he is already serving a life sentence.
Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi, Supeme Court
The Supreme Court declined to pass any orders on former Bharatiya Janata Party (BJP) MLA Kuldeep Singh Sengar’s plea seeking bail as well as directions to the Delhi High Court to expedite the hearing of his appeal in a rape case.
A Bench of Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi questioned the maintainability of the special leave petition (SLP), given that Sengar is already serving a life sentence. “Why should we entertain this SLP when the order which we pass in your favour is a theoretical order of bail? You are already suffering a life imprisonment in a case of rape…” the Bench observed.
Senior Advocate Nikhil Goel appeared for Sengar.
The Court further inquired, “Just tell us whether you get liberty if we pass an order of bail. If not, why should we pass an order of bail?”
Sengar argued that the matter had been listed multiple times before the Delhi High Court, without progress. “Forty-seven times the matter has been listed…the matter never turns up… it’s adjourned again and again, often at 5 or 5:30 in the evening”, he submitted.
The Court, however, appeared unmoved, and asked, “Is it something unusual? Are you not aware of what is happening?”
Consequently, the Court dismissed the SLP, declining to issue any directions to the Delhi High Court or grant bail.
Background
The Delhi High Court had earlier dismissed his plea seeking suspension of sentence in a case of custodial demise of the father of the Unnao rape victim.
The High Court held that the duration of Sengar's imprisonment, approximately six years out of a ten-year sentence, did not warrant the suspension of his punishment.
The Bench underscored that pivotal factors such as the severity of the offense, the nature of the crime, the criminal history of the convict, and the impact on public trust in the judiciary were pivotal in the decision-making process. Consequently, Sengar was deemed ineligible for a sentence suspension. The Court also highlighted the persistent threats faced by the victim's family, necessitating protection from the Central Reserve Police Force (CRPF).
The Court ordered, "Therefore, in view of the foregoing discussion, and upon applying the principles laid down by the Hon'ble Apex Court in the judgments discussed hereinabove, this Court is not inclined to allow the present application seeking suspension of sentence at this stage."
The Court noted, "The impugned judgment records that as soon as the victim in this case was seen in the village and he had some initial skirmishes with co-accused Shashi Pratap Singh, the said co-accused had called other accused persons and had informed co-accused Jaideep Singh Senger about the scuffle between him and the victim."
"The judgment further records that the sequence of events thereafter clearly established that under the patronage of the appellant Kuldeep Singh Senger and his brother Jaideep Singh Senger, the other accused persons in this case had assaulted the victim with leg and fist blows and then hit him with the barrel of a rifle," the Court said.
Unnao rape survivor, a minor at the time of the incident, was reportedly abducted and sexually assaulted by Sengar between June 11 and June 20, 2017. Subsequently, she was purportedly sold for Rs. 60,000 and later rescued at the Maakhi police station.
The survivor endured continuous intimidation and warnings from police officials, allegedly acting on Sengar's instructions, to deter her from disclosing the ordeal. The case garnered further attention following a controversial incident where a vehicle without a license plate collided with the car transporting the victim.
Consequently, the victim and her legal representative sustained critical injuries, resulting in the deaths of two of her relatives.
On August 2019, the Supreme Court intervened, transferring the trial for four cases linked to the Unnao rape saga to Delhi and mandating expedited proceedings to conclude within 45 days. Sengar was subsequently convicted in December 2019 for the rape of the minor victim and the custodial death of her father. He received a life sentence for the rape offense and a ten-year imprisonment term for the custodial death, marking a pivotal chapter in the legal saga.
Cause Title: Kuldeep Singh Sengar v. Central Bureau of Investigation (SLP(Crl) No. 5412/2025)
