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The former BJP MLA was granted bail by the High Court, which ruled that a legislator does not qualify as a ‘public servant’ under the POCSO Act.

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Supreme Court of India on Monday stayed the bail granted to former BJP MLA Kuldeep Singh Sengar by the High Court in the Unnao rape case, ordering that he remain in jail while it hears a challenge to the relief.

The top court stayed a December 23 order of the Delhi High Court that had allowed Sengar bail, acting on a petition filed by the Central Bureau of Investigation (CBI).

The court also issued notice to Sengar, seeking his response in four weeks.

The CBI told the court that bail was not warranted given the gravity of the offence. Sengar is serving a life sentence following his conviction in the high-profile case.

The High Court had said the case did not, at first glance, meet the criteria for the stricter charge of aggravated sexual assault under the POCSO Act, noting that Sengar did not qualify as a “public servant.”

Section 5 of the POCSO Act defines when sexual assault against a child is considered an aggravated offence, based on the seriousness of the circumstances.

The law treats such cases as aggravated when the crime is committed by people in positions of authority, including public servants, police, security personnel, or institutional staff.

Conviction for an aggravated offence carries a minimum sentence of 20 years, which may extend to life imprisonment.

In 2019, the trial court held that Sengar, then an MLA, was a “public servant” under the POCSO Act, leading to his conviction with a life sentence on the more serious charge and a tougher sentence.

His appeal had been pending in the High Court since 2020.

On December 23, the High Court overturned the trial court’s view, ruling that an MLA does not qualify as a “public servant” under the POCSO Act.

On December 23-24, security forces stopped the rape case complainant and her family from protesting in Delhi, detaining them for about an hour at Kartavya Path police station.

On Saturday, Delhi Police also detained Congress leader Mumtaz Patel and other protesters near Parliament for opposing the High Court order.

With the Supreme Court’s order, Sengar will continue to remain in custody until further directions.