The Supreme Court on Monday refused to entertain expelled BJP leader Kuldeep Singh Sengar’s plea seeking bail in the custodial death case of the Unnao rape survivor’s father, while directing the Delhi High Court to hear his pending appeal on priority. The top court asked the high court to grant an out-of-turn hearing and decide the matter within three months.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and N. V. Anjaria declined to interfere with a January 19 order of the Delhi High Court that had refused to suspend Sengar’s 10-year jail sentence in the custodial death case. The Supreme Court also said that if the victim’s family has filed an appeal, it should be heard alongside Sengar’s petition to ensure a comprehensive adjudication.

During the hearing, the Chief Justice expressed strong disapproval of comments being made in the media by the victim’s counsel. The bench cautioned against conducting a “parallel trial” outside the courtroom, observing that while the judiciary is aware of public discourse, such commentary could undermine the judicial process.

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The court was informed that Sengar’s appeal challenging his conviction is scheduled to come up before the Delhi High Court on February 11. The Supreme Court made it clear that its refusal to hear the bail plea would not prejudice the merits of the appeal, which the high court has been asked to decide expeditiously.

Sengar was sentenced on March 13, 2020, to 10 years’ rigorous imprisonment and fined ₹10 lakh for the custodial death of the survivor’s father. The trial court had ruled that “no leniency” could be shown in the killing of a family’s “sole breadwinner”. The victim’s father died in custody on April 9, 2018, after being arrested under the Arms Act, with the court later holding that he was subjected to police brutality.

While the trial court convicted Sengar under Section 304 of the Indian Penal Code for culpable homicide not amounting to murder, it did not find intent to kill. Sengar’s appeals in both the custodial death case and the rape case—where he was sentenced in December 2019 to imprisonment for the remainder of his life—are pending before the Delhi High Court.

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