Supreme Court Stays Kuldeep Sengar Bail As LK Advani Case Cited During Hearing

The Supreme Court on Monday gave a major setback to former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case. The court stayed the Delhi High Court order that had granted him bail. The High Court had earlier suspended his life sentence during the pendency of appeal. The stay was ordered during the hearing of a petition filed by the Central Bureau of Investigation. The matter was heard by a vacation bench. The bench was headed by Chief Justice Justice Suryakant. The court said the High Court order will remain stayed till further hearing.

How Did LK Advani Case Enter Hearing?

During arguments, the CBI referred to a 1997 Supreme Court judgment involving senior BJP leader Lal Krishna Advani. The case is known as L K Advani vs CBI. In that judgment, the Supreme Court had ruled that MPs and MLAs fall under the category of public servants. The reference was made to oppose the bail granted to Sengar. The agency said the earlier ruling was relevant to the present case. The mention of the Advani case led to wider discussion in court. The hearing continued on this legal basis.

What Did CBI Argue In Court?

The CBI argued that elected representatives cannot be treated differently across laws. It said MLAs are public servants in corruption cases. The agency questioned why the same logic should not apply in serious crimes involving children. The CBI said excluding MLAs from the public servant category under POCSO would weaken the law. It warned that such interpretation could set a wrong precedent. The agency stressed the gravity of offences under the POCSO Act. It asked the court to consider the wider legal impact. The arguments focused on consistency in law.

Why Did High Court Grant Bail Earlier?

The Delhi High Court had granted bail to Sengar earlier this year. The court observed that the POCSO Act does not specifically define MLAs as public servants. On this basis, the High Court held that stricter provisions may not apply. It suspended Sengar’s life sentence during the appeal period. The High Court order allowed him to walk out on bail. This decision was challenged by the CBI. The agency said the reasoning was legally flawed. The matter was then taken to the Supreme Court.

What Order Did Supreme Court Pass?

The Supreme Court stayed the Delhi High Court order with immediate effect. The bench issued a notice to Kuldeep Sengar. He has been asked to file his reply within four weeks. The court clarified that Sengar will remain in jail for now. The stay will continue until further orders. The Supreme Court did not comment on the merits of the case at this stage. It said the legal issue requires deeper examination. The next hearing will be held after responses are filed.

What Are Charges Against Sengar?

Kuldeep Singh Sengar was convicted in connection with the 2017 Unnao rape case. He was found guilty of raping a minor girl. The case also involved the custodial death of the victim’s father. A trial court sentenced Sengar to life imprisonment. He later challenged the conviction before the Delhi High Court. The High Court granted temporary relief by suspending the sentence. That relief has now been halted by the Supreme Court. The criminal case remains under judicial consideration.

What Is Current Status Of Case?

With the Supreme Court stay in place, Kuldeep Sengar will remain behind bars. The Delhi High Court order granting bail is not operational. The Supreme Court will hear the matter in detail later. The case now focuses on the legal interpretation of public servant status. The CBI has relied on past Supreme Court rulings. The defence is expected to file its response. The final outcome will depend on further hearings. The court has not fixed the next date yet.