On Monday, the Supreme Court stayed the Delhi High Court’s order that had suspended the life sentence of former Uttar Pradesh MLA Kuldeep Singh Sengar and directed his release on bail, holding that serious questions of law arise from the High Court’s reading of the Protection of Children from Sexual Offences (POCSO) Act and warning that the ruling could have far-reaching consequences for child protection jurisprudence.
The stay came on an appeal filed by the Central Bureau of Investigation challenging the High Court’s December 23 decision, which had granted bail to Sengar by prima facie holding that the offence of aggravated penetrative sexual assault under the POCSO Act was not made out against him. Sengar was convicted by a Delhi trial court in 2019 for offences under the IPC and POCSO Act and sentenced to imprisonment for the remainder of his natural life.
The High Court suspended the sentence after concluding that a sitting MLA does not fall within the definition of “public servant” or a person in a “position of trust or authority” for the purposes of aggravated offences under POCSO, a finding strongly opposed by the CBI, which argued that an elected legislator occupies a constitutional position of trust and authority and that the ruling undermines both victim safety and public confidence in the justice system.
A vacation bench comprising Chief Justice of India Surya Kant, Justice J.K. Maheshwari and Justice Augustine George Masih held that the matter warrants immediate scrutiny, particularly the High Court’s interpretation of “public servant” under the POCSO Act. Staying the operation of the impugned order, the Bench observed, “We find that there are various substantial questions of law which arise… in view of the peculiar facts, we stay the operation of the Delhi High Court order and the respondent shall not be released pursuant to the said order.”
The Court also expressed concern that the High Court’s reasoning could lead to anomalous results, noting its apprehension that while a constable may qualify as a public servant under POCSO, a legislator could be excluded. Notice was issued to Sengar, counter-affidavits were directed to be filed within four weeks, and the stay was made operative pending further consideration.
The stay came on an appeal filed by the Central Bureau of Investigation challenging the High Court’s December 23 decision, which had granted bail to Sengar by prima facie holding that the offence of aggravated penetrative sexual assault under the POCSO Act was not made out against him. Sengar was convicted by a Delhi trial court in 2019 for offences under the IPC and POCSO Act and sentenced to imprisonment for the remainder of his natural life.
The High Court suspended the sentence after concluding that a sitting MLA does not fall within the definition of “public servant” or a person in a “position of trust or authority” for the purposes of aggravated offences under POCSO, a finding strongly opposed by the CBI, which argued that an elected legislator occupies a constitutional position of trust and authority and that the ruling undermines both victim safety and public confidence in the justice system.
A vacation bench comprising Chief Justice of India Surya Kant, Justice J.K. Maheshwari and Justice Augustine George Masih held that the matter warrants immediate scrutiny, particularly the High Court’s interpretation of “public servant” under the POCSO Act. Staying the operation of the impugned order, the Bench observed, “We find that there are various substantial questions of law which arise… in view of the peculiar facts, we stay the operation of the Delhi High Court order and the respondent shall not be released pursuant to the said order.”
The Court also expressed concern that the High Court’s reasoning could lead to anomalous results, noting its apprehension that while a constable may qualify as a public servant under POCSO, a legislator could be excluded. Notice was issued to Sengar, counter-affidavits were directed to be filed within four weeks, and the stay was made operative pending further consideration.