Supreme Court asks Delhi HC to hear Sengar custodial death appeal ‘out-of-turn’

Today, the Supreme Court directed the Delhi High Court to hear, out-of-turn, a criminal appeal filed by former BJP MLA Kuldeep Singh Sengar. While undergoing life imprisonment in the Unnao rape case, Sengar has also been convicted in a case related to custodial death of the survivor’s father. His appeal challenged a March 2020 order of the Trial Court, which sentenced him to 10 years’ rigorous imprisonment for offences under Sections 166, 193, 201, 203, 211 and 120B of the Indian Penal Code, 1860 (IPC).

The Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and N.V. Anjaria noted that his appeal is already listed before the Delhi High Court on 11 February. In this backdrop, it indicated that the appropriate course would be to ensure a prompt final hearing rather than consider interim relief.Senior Advocate Siddhartha Dave, appearing for Sengar, urged that Sengar had completed 9 years and 7 months of the 10-year term when remission was taken into account, and more than seven years in actual custody. He submitted that the High Court had erred in holding that the period of incarceration was not a decisive factor while rejecting his appeal for suspension of sentence.

“This is a term sentence. Five more months and the entire sentence would be over,” Dave submitted, pointing out that the appeal itself was pending since 2020.

Justice Bagchi, however, questioned the relevance of treating the matter as an ordinary term sentence, noting that Sengar is already serving life imprisonment in the Unnao rape case.

CJI Surya Kant noted that Sengar’s actual period of custody was about 7 years and 9 months and observed that the grant of remission in cases involving moral turpitude was debatable. When Dave argued that remission is granted even in murder cases, the Chief responded that murder stood on a different footing.

Solicitor General Tushar Mehta, appearing for the Central Bureau of Investigation, submitted that the victim’s appeal is listed before the High Court and that the matter was awaiting final hearing. He argued that suspension of sentence was unwarranted.

During the proceedings, the CJI strongly criticised media interactions by Advocate Mehmood Pracha, counsel for the victim.  He warned that “this media trial which is happening outside the Court is not acceptable.” He added that counsel engaged in a matter have “no business” addressing the media on it.

In its order, the Bench directed the Delhi High Court to take up Sengar’s criminal appeal within one week and decide it on an out-of-turn basis, preferably within 3 months. It granted liberty for the victim’s appeal, if any, to be mentioned so that both appeals could be heard and decided together.