<p>In the Delhi High Court’s order suspending the life sentence of former BJP legislator from Uttar Pradesh Kuldeep Singh Sengar, who was convicted in the Unnao rape case, and granting him bail, there are tough questions India’s criminal justice system must answer. </p><p>Sengar is serving his sentence after being convicted of the 2017 rape of a minor and the conspiracy to murder her father. The case triggered outrage and widespread protests as Sengar tried to delay the investigation and intimidate the survivor and her family. </p><p>It took a self-immolation attempt by the survivor outside the office of Uttar Pradesh Chief Minister Yogi Adityanath to bring momentum to the probe. The trial was held in Delhi, following the Supreme Court’s directive to move the case outside the state.</p>.Unnao rape case: CBI challenges Kuldeep Sengar's bail, files Special Leave Petition in Supreme Court.<p>The court held that Sengar was not a public servant at the time of the offence, though he was an MLA then, and therefore would not be covered under the provisions of the Protection of Children from Sexual Offences (POCSO) Act, which prescribes a life term as punishment. This is a technical and misinterpreted take on the provision. </p><p>The trial court had defined a public servant as someone who enjoys an official position and is mandated to perform certain constitutional duties. While an appeal in the rape case is pending, the court rejected the survivor’s request to wait for the ruling on the plea. Though the court imposed conditions on Sengar, including restrictions on his movements, the order is seen as a subversion of justice. </p><p>The CBI, which investigated the case and assisted the prosecution, is facing criticism for not actively opposing the demand for bail and suspension of the sentence. It has, however, said it would appeal against the order.</p>.<p>Protesting the order, the survivor has said she would challenge it in the Supreme Court. She has also expressed fears about the safety of her family and cited lapses in security, even before the verdict was pronounced. Reports said she and her mother were stopped by security personnel from holding a protest in Delhi against the order. T</p><p>he survivor has met Leader of the Opposition Rahul Gandhi and is planning to meet President Droupadi Murmu and Prime Minister Narendra Modi, seeking justice. Women’s and rights groups have protested against the High Court’s order, highlighting the problematic precedent it sets. It is being pointed out that though bail is the rule for an undertrial, it should be the exception for a convict. Sengar does not deserve exceptional treatment or mercy.</p>
<p>In the Delhi High Court’s order suspending the life sentence of former BJP legislator from Uttar Pradesh Kuldeep Singh Sengar, who was convicted in the Unnao rape case, and granting him bail, there are tough questions India’s criminal justice system must answer. </p><p>Sengar is serving his sentence after being convicted of the 2017 rape of a minor and the conspiracy to murder her father. The case triggered outrage and widespread protests as Sengar tried to delay the investigation and intimidate the survivor and her family. </p><p>It took a self-immolation attempt by the survivor outside the office of Uttar Pradesh Chief Minister Yogi Adityanath to bring momentum to the probe. The trial was held in Delhi, following the Supreme Court’s directive to move the case outside the state.</p>.Unnao rape case: CBI challenges Kuldeep Sengar's bail, files Special Leave Petition in Supreme Court.<p>The court held that Sengar was not a public servant at the time of the offence, though he was an MLA then, and therefore would not be covered under the provisions of the Protection of Children from Sexual Offences (POCSO) Act, which prescribes a life term as punishment. This is a technical and misinterpreted take on the provision. </p><p>The trial court had defined a public servant as someone who enjoys an official position and is mandated to perform certain constitutional duties. While an appeal in the rape case is pending, the court rejected the survivor’s request to wait for the ruling on the plea. Though the court imposed conditions on Sengar, including restrictions on his movements, the order is seen as a subversion of justice. </p><p>The CBI, which investigated the case and assisted the prosecution, is facing criticism for not actively opposing the demand for bail and suspension of the sentence. It has, however, said it would appeal against the order.</p>.<p>Protesting the order, the survivor has said she would challenge it in the Supreme Court. She has also expressed fears about the safety of her family and cited lapses in security, even before the verdict was pronounced. Reports said she and her mother were stopped by security personnel from holding a protest in Delhi against the order. T</p><p>he survivor has met Leader of the Opposition Rahul Gandhi and is planning to meet President Droupadi Murmu and Prime Minister Narendra Modi, seeking justice. Women’s and rights groups have protested against the High Court’s order, highlighting the problematic precedent it sets. It is being pointed out that though bail is the rule for an undertrial, it should be the exception for a convict. Sengar does not deserve exceptional treatment or mercy.</p>
