Lagatar24 Desk
New Delhi: Former Supreme Court judge Markandey Katju has defended the Delhi High Court’s decision to grant bail to Unnao rape convict and former BJP MLA Kuldeep Singh Sengar, arguing that the accused has already spent over eight years in jail and that the bail order is only interim, not a final verdict on guilt.
Katju Cites Lengthy Jail Term and Legal Interpretation
Speaking amid the Supreme Court’s hearing of the CBI’s challenge to the bail order, Justice Katju said Sengar cannot be awarded life imprisonment under the Protection of Children from Sexual Offences (POCSO) Act because he does not qualify as a “public servant” under the law. He explained that while the trial court treated an MLA as a public servant, the High Court relied on the Indian Penal Code’s definition, which does not include MLAs.
Interim Nature of High Court Order Highlighted
Katju stressed that the High Court’s decision suspending Sengar’s life sentence was an interim order while his appeal remains pending. According to him, the bench did not examine the merits of the case, including whether the survivor was a minor, but focused only on the legal question of sentencing under POCSO.
Concerns Over Delayed Justice
Raising concerns about prolonged trials in India, Katju questioned the fairness of continued incarceration if the conviction is eventually overturned. He said a balance must be struck between justice for the victim and safeguarding against irreversible harm if a conviction is later found to be legally flawed.
Background and Ongoing Proceedings
Kuldeep Singh Sengar was convicted in 2019 for kidnapping and raping a minor and sentenced to life imprisonment along with a ₹25 lakh fine. Although granted bail in the rape case, he remains in jail while serving a separate 10-year sentence for culpable homicide and criminal conspiracy in the death of the survivor’s father.
Public Outrage and Supreme Court Hearing
The bail order triggered widespread outrage, with the survivor’s family saying it shook public faith and sent a wrong message on crimes against women. The Supreme Court, led by Chief Justice Surya Kant along with Justices J K Maheshwari and Augustine George Masih, is currently hearing the CBI’s plea challenging the bail granted by the Delhi High Court.
