New Delhi: The Supreme Court on Monday deferred to the first week of May the hearing on a petition filed by the CBI challenging the suspension of life imprisonment of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case.
A bench comprising Chief Justice Sura Kant and Justice Joymalya Bagchi said that the matter will be taken up after a nine-judge bench completes hearing on the Sabarimala review proceedings.
Senior advocate Mukul Rohatgi, appearing for Sengar, raised the issue of non-hearing of the pleas in another case related to the alleged custodial death of the victim’s father in the Delhi High Court and said that a 10-year jail term was handed down to Sengar in that case.
“Ten years is likely to be completed soon and yet no substantial hearing has taken place in the high court. I should get bail in this matter,” he said.
It was alleged by him that even the victim’s lawyer is taking adjournments in the high court.
Lawyer Mehmood Pracha, counsel for the victim, said that only one adjournment has been sought in the high court.
The CJI noted the consent of both sides that no adjournment will be sought in the Delhi High Court in another case involving Sengar as one of the accused.
“The lawyers will extend full cooperation (in HC),” the CJI said.
On December 29, last year, the top court stayed the Delhi High Court order suspending the life sentence of expelled BJP leader Sengar in the 2017 Unnao rape case and said he shall not be released from custody.
The bench, hearing the CBI’s plea challenging the high court order, said that substantial questions of law have arisen in the matter that require consideration.
The apex court had also issued notice to Sengar seeking his response on the CBI’s plea.
The bench said it was conscious of the fact that ordinarily, when a convict or an undertrial was released on bail pursuant to an order passed by a trial court or the high court, such an order should not be stayed by it without hearing such a person.