Unnao rape case: People trying to take political advantage, says SC on allegations against HC judges

After expelled BJP leader Kuldeep Singh Sengar’s lawyers said that allegations were made against the Delhi High Court judges who suspended his life sentence in the Unnao rape case, the Supreme Court on Monday observed that some people are trying to take “political advantage”.

The High Court had suspended the jail term of Sengar, who was serving life imprisonment in the Unnao rape case, saying he had already served seven years and five months in prison.

“We understand it. We are not sitting in ivory towers. We understand that people are trying to take political advantage and there are people who are trying to take advantage,” Chief Justice of India Surya Kant, who was heading a three-judge vacation bench, said. Senior advocate N Hariharan, appearing for Sengar, pointed out that some people were making allegations against the High Court judges who dealt with the case. He said such persons should refrain from making statements or allegations against the judges.

“They are doing that on national television,” Hariharan said. Another lawyer, who also appeared for Sengar, said photographs of the High Court judges were also being circulated. Hariharan said there is a video circulating levelling allegations against the judges and this was a cause of concern.

The bench observed that such people are simply forgetting that Sengar was convicted by the judiciary only. “Very frankly, these judges are one of the finest we have,” the bench, also comprising Justices JK Maheshwari and Augustine George Masih, said during the hearing.

Later, asked about the issue of allegations being made against the judges, Solicitor General Tushar Mehta, who appeared for the CBI in the matter, unequivocally and categorically said both the High Court judges are “brilliant judges with unimpeachable integrity” and any attempt to malign them must be strongly condemned.

They are among the finest judges of the country, the top law officer said. He said there are always some elements that attempt to browbeat honest judges and such devious forces must not be encouraged.

The Supreme Court stayed the Delhi High Court’s order suspending the life sentence of Sengar in the 2017 Unnao rape case, and said he shall not be released from custody.

The Supreme Court also issued notice to Sengar seeking his response within four weeks on the CBI’s plea challenging the High Court order. Sengar’s sentence was suspended by the High Court till the pendency of his appeal challenging his conviction and sentence in the rape case. He has challenged a December 2019 trial court verdict in the case.

He will, however, remain in jail since he is also serving 10 years’ imprisonment in the custodial death case of the victim’s father and has not been granted bail in that case.

The rape case and other connected cases were transferred to Delhi from a trial court in Uttar Pradesh on the directions of the Supreme Court on August 1, 2019.