Custodial death case: SC refuses relief to Sengar, urges Delhi HC to fast-track hearing

The Supreme Court on Monday declined to interfere with the Delhi High Court’s refusal to suspend the sentence of expelled BJP leader Kuldeep Singh Sengar in the custodial death case of the Unnao rape survivor’s father.

Taking note that Sengar’s criminal appeal against his conviction and 10-year sentence is already listed before the Delhi High Court on February 11, a Bench headed by Chief Justice of India (CJI) Surya Kant observed that the High Court may be requested to decide the matter on merits on an out-of-turn basis.

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The Bench, also comprising Justices Joymalya Bagchi and N.V. Anjaria, was informed by counsel for the complainant that the victim’s side has filed a separate appeal challenging the trial court’s judgment, particularly with respect to the quantum of sentence.

However, since there was no reference to the victim’s appeal in the impugned Delhi High Court order declining suspension of sentence, the Supreme Court clarified that it was not expressing any opinion on that aspect.

Taking note of the overall circumstances, the CJI Kant-led Bench, in its order, requested the Delhi High Court to first take up Sengar’s appeal within one week and endeavour to decide the same as expeditiously as possible, preferably within three months.

It further observed that if the complainant’s appeal and any other connected matters are found to be maintainable, it would be in the interest of justice for all such appeals to be heard and decided together.

The apex court added that if hearing the appeals together requires a change in the composition of the HC Bench, the Chief Justice of the Delhi High Court may pass appropriate administrative orders.

Earlier, the Delhi High Court had rejected Sengar’s second application seeking suspension of sentence and grant of bail, citing the gravity of the offence, his criminal antecedents and the absence of any new subsequent development.

In his special leave petition (SLP) before the apex court, Sengar argued that he had already undergone over seven years and seven months of actual custody and that some co-accused were granted bail after suspension of sentence.

Sengar was convicted by a Delhi court in March 2020 for conspiring in the custodial death of the rape survivor’s father and was sentenced to 10 years of rigorous imprisonment.

The case relates to an incident in April 2018 when the father of the minor rape victim was allegedly assaulted by Sengar’s associates in Unnao. He was arrested the following day on charges of illegal possession of arms and later died in police custody due to multiple injuries.