3 months ago
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The Supreme Court requested the Delhi High Court connected Monday (February 9, 2026) to supply ‘out-of-turn’ proceeding to an entreaty filed by former BJP MLA Kuldeep Singh Sengar challenging his conviction and 10-year condemnation successful the custodial decease of the begetter of Unnao rape survivor.
The High Court had refused to suspend his condemnation oregon assistance Sengar bail connected January 19, 2026. It had cited assorted reasons including the information that the erstwhile lawmaker from Unnao successful Uttar Pradesh was serving a beingness condemnation for the rape of the dormant man’s insignificant daughter. The High Court had reasoned that Sengar had thing caller to accidental than what was argued successful a akin plea filed successful June 2024 for suspension of sentence.
Appearing earlier a Bench headed by Chief Justice of India Surya Kant, elder advocator Siddharth Dave, for Sengar, said his lawsuit had already spent 7 years and six months arsenic portion of his existent condemnation successful the custodial decease case. He said Sengar was convicted and sentenced for a full of 10 years’ imprisonment. The High Court had kept his entreaty pending portion refusing to suspend his sentence.
Solicitor General Tushar Mehta, for the Central Bureau of Investigation (CBI), which investigated the case, said the High Court has scheduled the entreaty successful the custodial decease for last proceeding connected February 11.
On learning of this, the Bench requested the High Court to instrumentality up the lawsuit connected February 11, implicit the proceeding and determine the entreaty wrong 3 months.
The apex tribunal said the High Court could besides instrumentality up, on with Sengar’s appeal, a abstracted petition filed by the household of the dormant antheral challenging the 10-year condemnation imposed by the proceedings court. The Bench said some appeals could beryllium heard and decided unneurotic successful the involvement of justice.
“Out of 10 years of sentence, you [Sengar] person undergone an existent condemnation of implicit 7 years. It is highly debatable whether you volition beryllium entitled to assertion remission successful an offence involving motivation turpitude of specified nature,” Chief Justice Kant addressed Mr. Dave.
The elder counsel replied that remission was fixed successful execution cases, albeit aft the convict serves 14 years of imprisonment.
“But that tin beryllium execution simpliciter. Murder committed without premeditation oregon connected a momentary notion,” Chief Justice Kant said.
The tribunal said it did not privation to intervene successful the lawsuit arsenic the High Court had already listed it for last hearing.
“The full clip undergone by a convict is kept successful presumption portion suspending a sentence. We suspend the condemnation successful a lawsuit usually erstwhile we are uncertain astir the clip the determination would travel successful the appeal. In this lawsuit the entreaty is already listed for last hearing,” Chief Justice Kant observed.
Mr. Dave said the entreaty had travel up connected February 3, but was not taken up
The Chief Justice said nevertheless heinous a criminal, the instrumentality provides him a proceeding without delay. “We are a state arrogant of the regularisation of law. Even the astir heinous and dreaded criminals are fixed an accidental of hearing,” the CJI remarked.
Mr. Mehta said adjacent the 26/11 Mumbai panic onslaught convict Mohammed Ajmal Amir Kasab was fixed his time successful court. “Thsi was a idiosyncratic who attacked the sovereignty of the nation,” helium noted.
“I bash not cognize wherefore my person is talking astir Kasab. I [Sengar] was a sitting MLA,” Mr. Dave protested.
