SC allows Unnao rape survivor to be party in CBI plea

The Supreme Court on Monday permitted the Unnao rape survivor to be a party in the petition filed by the CBI challenging the suspension of life imprisonment of former BJP MLA Kuldeep Singh Sengar, saying that the victim has a right to be heard in the proceedings. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi permitted the survivor to be made a party to the case, saying that victims are entitled to participate in proceedings affecting their interests, in line with the apex court’s earlier judgement in the Lakhimpur Kheri case. “We are of the view that the victim has the right to be heard,” the CJI said and granted two weeks to file her affidavit against the suspension of the life sentence of the convict. The bench, however, rejected an intervention application filed by a relative of the rape survivor alleging a threat to his life and liberty. The CJI said he can pursue an independent remedy instead of intervening in the CBI’s petition and move the High Court for protection. The bench then disposed of his application.

The bench did not take up the CBI’s petition against the suspension of sentence as Solicitor General Tushar Mehta, appearing for the probe agency, was unavailable on Monday. Senior advocate N Hariharan, representing Sengar, requested that the matter be listed for hearing at the earliest, arguing that the liberty granted to his client by the Delhi High Court had been curtailed.  The CJI said a date for the hearing would be fixed soon.

On December 29 last year, the top court stayed the Delhi High Court order suspending the life sentence of Sengar in the 2017 Unnao rape case and said he shall not be released from custody. The bench, while hearing the CBI’s plea challenging the High Court order, had said that substantial questions of law have arisen in the matter that require consideration.