The Supreme Magistrate on Monday gave a major setback to former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case. The magistrate stayed the Delhi High Magistrate order that had granted him bail. The High Magistrate had older 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 seat was headed by Chief Justice Justice Suryakant. The magistrate said the High Magistrate order will remain stayed till remoter hearing.
How Did LK Advani Specimen Enter Hearing?
During arguments, the CBI referred to a 1997 Supreme Magistrate judgment involving senior BJP leader Lal Krishna Advani. The specimen is known as L K Advani vs CBI. In that judgment, the Supreme Magistrate had ruled that MPs and MLAs fall under the category of public servants. The reference was made to oppose the ladle granted to Sengar. The organ said the older ruling was relevant to the present case. The mention of the Advani specimen led to wider discussion in court. The hearing unfurled on this legal basis.
What Did CBI Argue In Court?
The CBI argued that elected representatives cannot be treated differently wideness laws. It said MLAs are public servants in self-indulgence cases. The organ questioned why the same logic should not wield 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 organ stressed the gravity of offences under the POCSO Act. It asked the magistrate to consider the wider legal impact. The arguments focused on consistency in law.
Why Did High Magistrate Grant Ladle Earlier?
The Delhi High Magistrate had granted ladle to Sengar older this year. The magistrate observed that the POCSO Act does not specifically pinpoint MLAs as public servants. On this basis, the High Magistrate held that stricter provisions may not apply. It suspended Sengar’s life sentence during the request period. The High Magistrate order unliable him to walk out on bail. This visualization was challenged by the CBI. The organ said the reasoning was legally flawed. The matter was then taken to the Supreme Court.
What Order Did Supreme Magistrate Pass?
The Supreme Magistrate stayed the Delhi High Magistrate order with firsthand effect. The seat issued a notice to Kuldeep Sengar. He has been asked to file his reply within four weeks. The magistrate clarified that Sengar will remain in jail for now. The stay will protract until remoter orders. The Supreme Magistrate did not scuttlebutt on the merits of the specimen at this stage. It said the legal issue requires deeper examination. The next hearing will be held without 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 specimen moreover involved the custodial death of the victim’s father. A trial magistrate sentenced Sengar to life imprisonment. He later challenged the conviction surpassing the Delhi High Court. The High Magistrate granted temporary relief by suspending the sentence. That relief has now been halted by the Supreme Court. The criminal specimen remains under judicial consideration.
What Is Current Status Of Case?
With the Supreme Magistrate stay in place, Kuldeep Sengar will remain overdue bars. The Delhi High Magistrate order granting ladle is not operational. The Supreme Magistrate will hear the matter in detail later. The specimen now focuses on the legal interpretation of public servant status. The CBI has relied on past Supreme Magistrate rulings. The defence is expected to file its response. The final outcome will depend on remoter hearings. The magistrate has not stock-still the next stage yet.
