Two lawyers move SCchallenging Delhi HC order granting bail to Unnao rape convict Kuldeep Sengar
NEW DELHI: Two lawyers have knocked the doors of the Supreme Court by filing a Special Leave Petition (SLP) challenging the suspension of jail sentence and grant of bail by the Delhi High Court to former BJP MLA and convict Kuldeep Singh Sengar in connection with the Unnao rape case. The two lawyers, Anjale Patel and Pooja Shilpkar, through Advocate-on-Record Sanjeev Malhotra, moved the apex court after being aggrieved by the Delhi High Courts December 23 order suspending Sengar's jail term , who is serving a life sentence in the 2017 Unnao rape case. The plea has requested the Supreme Court to exercise its jurisdiction to set aside the suspension of the jail sentence and immediately cancel the bail, contending that the High Court order warrants interference. The matter may be listed as per the rules and standard operating procedures of the Supreme Court. It may be noted that the petitioner duo, Patel and Shilpkar, were not parties to the case pertaining to Sengars arrest and conviction. In the December 23 order, the Delhi High Court suspended the jail term and granted him bail subject to strict conditions, including movement restrictions and regular police reporting. A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar directed Sengar to furnish a personal bond of Rs 15 lakh with three Delhi-based sureties of the same amount. He was also asked to stay in Delhi, report weekly to the police, and deposit his passport. In their plea, the petitioners argued that the High Court was unjustified in entertaining and allowing the application for suspension of sentence and grant of bail in favour of Sengar, particularly when the trial court, after considering the entire evidence on record, had not only awarded life imprisonment but had also directed that the accused shall remain in life imprisonment. This thereby reflects the gravity and heinous nature of the offence, and whether the High Court erred in granting such relief without adequately appreciating the findings and observations of the trial court, ignoring the seriousness of the offence, the plea stated. They urged the Supreme Court to interfere with the Delhi High Court order to uphold the sanctity of the criminal justice system and preserve public confidence in the administration of justice. The present SLP (Criminal) has been filed under Article 136 of the Constitution of India. The trial court not only passed a conviction order awarding life imprisonment but also observed that the accused/respondent No. 2 (Sengar) must undergo judicial custody for the rest of his natural life, which showed that he may not be released from jail during his lifetime without proper reasons assigned by any judicial forum. Therefore, interference of the Supreme Court is required for complete justice, the lawyers stated in their petition. Unnao rape case: Survivor to move SC seeking justice after HC suspends convict Sengar's jail term
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