The Supreme Court has just hit the brakes on the Delhi High Court’s decision to grant bail to Kuldeep Singh Sengar. As of Monday afternoon, December 29, 2025, a vacation bench led by Chief Justice of India Surya Kant has effectively stayed the order that would have seen the Unnao rape convict walk free.
The thing is, the court wasn’t just looking at the bail; they were looking at the very definition of power. Or nothing. Let’s be real, the idea that a sitting MLA wouldn’t be considered a “public servant” under the POCSO Act seemed to baffle the bench. Those too.
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The “Public Servant” Debate
The whole drama today centered on a technicality from the Delhi High Court’s December 23 ruling.
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The High Court’s Logic: They argued Sengar didn’t count as a “public servant” under specific clauses of the POCSO Act, which is why they suspended his life sentence.1
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The CJI’s Retort: Chief Justice Surya Kant didn’t seem to buy it. He pointed out that if a lowly constable is a public servant, it’s “peculiar” to exclude an MLA who holds a massive position of trust.
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The Stay: The bench noted that while they usually don’t take away someone’s liberty once they’ve “walked out,” Sengar is a “peculiar” case—mostly because he’s still in jail for the murder of the survivor’s father anyway.
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Highlights from the Bench
| Time (Approx) | Bench Observation |
| 11:57 AM | CJI Kant: “Are you saying the concept of a public servant is irrelevant if the victim is a minor?” |
| 12:06 PM | SG Tushar Mehta: “I urge the conscience of this Court to stay this order for the sake of the child.” |
| 12:11 PM | The Stay: CJI Kant: “Tentatively, we are inclined to stay the order.” |
The Victim’s Safety
And here’s the kicker: the CBI and the survivor’s lawyers argued that Sengar is so influential that his mere presence outside would “shatter” the victim’s courage.2 The survivor had even met with the CBI over the weekend, claiming the investigating officer and the High Court judge were essentially “colluding.”3
It’s an ongoing situation where the Supreme Court has now asked for a detailed response from Sengar’s team. For now, the “life sentence” remains exactly that. Sengar isn’t going anywhere.
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End…
