Shashi Tharoor termed the SC's stay on Kuldeep Sengar's bail a 'rebuke' to the Delhi HC. He questioned the HC's standards in granting bail for a grave offence and welcomed the judicial check-and-balance system in the Unnao rape case.
Tharoor Calls SC Decision a 'Rebuke' to High Court
Congress MP Shashi Tharoor on Monday described the Supreme Court's decision to stay the Delhi High Court order suspending the life sentence of Unnao rape case accused Kuldeep Singh Sengar as a "rebuke" to the High Court.
Tharoor opined that the Supreme Court, in its decision, pointed out that a matter which involves serious questions of fact and law in a highly grave offence has indirectly raised questions about how the High Court could have granted bail at all in such circumstances. "The matter is sub-judice. Still, it seems that when the Supreme Court says that in this kind of case, there are matters of fact and matters of law involving an extremely grave offence, it is a bit of a rebuke to the High Court as to how it could grant bail in these circumstances," Shashi Tharoor told ANI.
Concerns Over Judicial Standards
Tharoor welcomed the existence of a review mechanism that allows the Supreme Court to examine and correct High Court decisions, saying such checks and balances are essential to the judicial system. However, he expressed grave concern over the standards being applied, arguing that the High Court's decision was not only questionable but appeared legally unsound and irresponsible. According to Tharoor, such a ruling points to a deeper systemic problem rather than an isolated error, emphasising that the judiciary must examine the issue with the utmost seriousness. "The other question here concerns the standards of the high courts, and I am glad we have a check-and-balance review mechanism in which the SC can study what the high court has decided. But how do we get to a situation where a high court can make such an irresponsible decision that is even bad in law? It means that something has really gone wrong in the system, and the court should look into this with utmost seriousness," Tharoor added.
Supreme Court Stays High Court Order
The Supreme Court on Monday stayed the Delhi High Court's order suspending the life sentence of expelled Bharatiya Janata Party (BJP) leader Kuldeep Singh Sengar in the 2017 Unnao rape case of a minor. The Supreme Court's three-judge vacation bench, led by Chief Justice of India Surya Kant and comprising Justices J.K. Maheshwari and A.G. Masih, was hearing the CBI's plea challenging the Delhi High Court's December 23 order, which had suspended Sengar's life sentence pending appeal and granted him bail.
Staying the High Court's order, the apex court noted that Sengar remains in custody in another case. "We are informed that the convict is also convicted and sentenced under Section 304 (murder) of the IPC and that he is still in custody in that case. Considering such peculiar circumstances, we stay the operation of the impugned order. The respondent shall not be released," the bench observed.
The Supreme Court also issued notice to Sengar, seeking his response to the CBI's plea within two weeks. Sengar, a former Uttar Pradesh MLA, was convicted in December 2019 in the Unnao rape case and sentenced to life imprisonment along with a fine of Rs 25 lakh. (ANI)
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