The Supreme Court of India on Friday set aside a Delhi High Court order that had suspended the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case, delivering a significant setback in the long-running legal battle that has drawn nationwide attention.

The top court, while reviewing the matter, strongly criticised aspects of the High Court’s reasoning, particularly its conclusion that an MLA cannot be considered a “public servant” under the Protection of Children from Sexual Offences (POCSO) Act. The bench, led by Justice Joymalya Bagchi, stated that it did not endorse such a “hyper-technical” interpretation of the law.

At the same time, the Supreme Court clarified that it was not commenting on the merits of the case itself. It directed the High Court to complete the hearing of Sengar’s main appeal against his conviction within two months, effectively fast-tracking the final adjudication of the matter.

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The case had recently returned to the spotlight after the Delhi High Court temporarily suspended Sengar’s life sentence and granted him bail pending appeal. That order had sparked widespread public debate, particularly after it was argued that his role as an elected representative did not meet the threshold of a public servant under the POCSO framework, and that he had already served more than the minimum prescribed sentence.

Following his interim release, Sengar was placed under strict bail conditions, including a personal bond of ₹15 lakh and restrictions on his movement, including a prohibition on leaving Delhi or approaching the survivor. The decision had triggered protests and heightened tensions, with the survivor’s family alleging intimidation during subsequent security-related incidents involving central forces.

With the Supreme Court now overturning the suspension order, the case has once again shifted back to the appellate stage, reinforcing judicial scrutiny over the earlier bail decision and ensuring that the final outcome will be determined by the High Court’s expedited hearing.

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