Overview
On May 15, 2026 a two‑judge bench of the Supreme Court overturned the Delhi High Court order that had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar in the Unnao rape case. The matter was remitted to the High Court for a fresh decision within three months.
Key Developments
- The bench, comprising the Chief Justice of India Surya Kant and Justice Joymalya Bagchi, partly allowed the CBI appeal.
- The Court directed the High Court to either decide Sengar’s appeal against conviction within three months or pass a fresh order on the suspension application.
- Both the bench and the Solicitor General Tushar Mehta rejected the High Court’s view that an MLA is not a “public servant” under the POCSO Act.”
- The Court emphasized a “practical solution” to avoid procedural dead‑lock while the appeal is pending.
Important Facts
• Sengar was convicted in 2019 by a special CBI court for raping a minor girl in Unnao, Uttar Pradesh, and sentenced to life imprisonment.
• He also serves a separate 10‑year term for the culpable homicide of the survivor’s father, imposed in 2020.
• In December 2025 the Supreme Court stayed the High Court’s suspension order and granted bail to Sengar pending appeal.
• The High Court had held that Sections 5(c) of the