Why did the Supreme Court refuse relief to Sengar?
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Key Takeaways
New Delhi, Feb 9 (NationPress) The Supreme Court on Monday chose not to intervene with the Delhi High Court’s decision to deny the suspension of the sentence for expelled BJP leader Kuldeep Singh Sengar concerning the custodial death of the father of the Unnao rape survivor.
Observing that Sengar’s criminal appeal against his conviction and 10-year sentence is already scheduled before the Delhi High Court on February 11, a Bench led by Chief Justice of India (CJI) Surya Kant noted that the High Court might be urged to deliberate on the matter expeditiously, prioritizing it over other cases.
The Bench, which included Justices Joymalya Bagchi and N.V. Anjaria, was informed by the complainant's lawyer that a separate appeal has been filed by the victim’s family, contesting the trial court's ruling, particularly regarding the sentence's severity.
However, since the victim’s appeal was not mentioned in the contested Delhi High Court ruling that denied the suspension of Sengar’s sentence, the Supreme Court clarified that it would not comment on that matter.
Considering the broader circumstances, the CJI Kant-led Bench requested that the Delhi High Court prioritize Sengar’s appeal within a week and aim to resolve it as quickly as possible, ideally within three months.
Furthermore, the Court remarked that if the complainant's appeal and any related matters are deemed maintainable, it would serve justice best for all such appeals to be heard and decided collectively.
The apex court added that if hearing the appeals together necessitates a modification in the composition of the HC Bench, the Chief Justice of the Delhi High Court should issue appropriate administrative orders.
Previously, the Delhi High Court had dismissed Sengar’s second application requesting suspension of his sentence and bail, citing the seriousness of the crime, his criminal history, and the lack of any new developments.
In his special leave petition (SLP) presented to the apex court, Sengar contended that he has already spent over seven years and seven months in actual custody and noted that some co-accused had received bail following the suspension of their sentences.
Sengar was found guilty by a Delhi court in March 2020 for his role in the custodial death of the rape survivor’s father and received a sentence of 10 years of rigorous imprisonment.
This case stems from an incident in April 2018 when the father of the minor rape victim was reportedly assaulted by Sengar’s associates in Unnao. He was arrested the following day on charges related to illegal possession of firearms and subsequently died in police custody due to multiple injuries.