LK Advani
India
M
Moneycontrol29-12-2025, 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.

More like this

Loading more articles...