SC Halts Kuldeep Sengar's Release, Questions MLA as 'Public Servant' Under POCSO

India
M
Moneycontrol•29-12-2025, 19:00
SC Halts Kuldeep Sengar's Release, Questions MLA as 'Public Servant' Under POCSO
- •Supreme Court stayed Delhi HC order granting bail to former UP MLA Kuldeep Sengar in the 2017 Unnao rape case, suspending his life sentence.
- •CBI challenged HC's decision, arguing whether an elected legislator qualifies as a "public servant" under the POCSO Act.
- •CBI cited the 1997 'LK Advani vs CBI' ruling, which classified MPs/MLAs as "public servants" under the Prevention of Corruption Act, seeking similar application for POCSO.
- •Delhi HC had ruled Sengar's MLA status doesn't automatically make him a "public servant" under POCSO, as the Act's definition doesn't explicitly include MLAs.
- •A vacation bench led by CJI Surya Kant issued notice to Sengar, giving him four weeks to respond to CBI's petition.
Why It Matters: SC intervenes in Sengar's bail, raising crucial legal debate on MLA status under POCSO Act.
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