In the Unnao rape case, the Supreme Court has canceled the decision of the Delhi High Court, in which the life sentence of former BJP MLA Kuldeep Singh Sengar was suspended. On Friday (May 15, 2026), the Supreme Court has sent the matter back to the Delhi High Court and directed for fresh consideration. On December 29 last year, the Supreme Court had also stayed the bail order of the Delhi High Court.

In December last year, the High Court had granted bail to Sengar saying that the MLA cannot be considered a public servant under the POCSO Act. On the application of CBI, the Supreme Court had stayed this order. Today the matter was sent to the High Court for reconsideration.

The bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi has also directed the High Court to try to decide within two months the main petition filed against the conviction and life imprisonment of Kuldeep Sengar. The court order said that if it is not possible for the High Court to take a decision on the main petition quickly, then before the start of the summer vacation of the court, it should pass an order on Sengar’s petition in which life imprisonment has been demanded to be suspended.

The court had already canceled the High Court order granting bail to Sengar after huge public outcry on this issue. The bench said that it has not expressed any opinion on the merits of the case and the High Court can hear it afresh. CJI Surya Kant also asked the High Court to decide on new issues like whether an MLA can be considered a public servant even while being prosecuted under the Protection of Children from Sexual Offenses (POCSO) Act.

Also read:- Supreme Court News: Supreme Court raised questions on the presence of cabinet minister in the selection committee of election commissioners, said – ‘The third person…’

Earlier, the court had adjourned till the first week of May the hearing on the Central Bureau of Investigation (CBI) petition challenging the suspension of the life imprisonment sentence of the former MLA in the rape case.

The Delhi High Court, in its order dated December 23, 2025, had said that Sengar was convicted under Section 5(c) of the POCSO Act (aggravated sexual harassment by a public servant), but an elected representative does not fall within the definition of ‘public servant’ under Section 21 of the Indian Penal Code.

Also read:- Mamata Banerjee News: Markandeyu Katju got angry after seeing Mamata Banerjee in lawyer’s attire, said – crossed the limit, just for headlines…

The High Court had suspended the imprisonment of Kuldeep Sengar, who is serving life imprisonment in the Unnao rape case, pending the hearing on his appeal, saying that the former MLA has already served seven years and five months of the sentence. This order of the High Court was criticized by various sections of the society and the victim, her family and activists protested.

(With inputs from Nipun Sehgal)