Supreme Court requests Delhi HC to give Sengar appeal in custodial death case ‘out-of-turn’ hearing

The Supreme Court requested the Delhi High Court on Monday (February 9, 2026) to provide ‘out-of-turn’ hearing to an appeal filed by former BJP MLA Kuldeep Singh Sengar challenging his conviction and 10-year sentence in the custodial death of the father of Unnao rape survivor.

The High Court had refused to suspend his sentence or grant Sengar bail on January 19, 2026. It had cited various reasons including the fact that the former lawmaker from Unnao in Uttar Pradesh was serving a life sentence for the rape of the dead man’s minor daughter. The High Court had reasoned that Sengar had nothing new to say than what was argued in a similar plea filed in June 2024 for suspension of sentence.

Appearing before a Bench headed by Chief Justice of India Surya Kant, senior advocate Siddharth Dave, for Sengar, said his client had already spent seven years and six months as part of his actual sentence in the custodial death case. He said Sengar was convicted and sentenced for a total of 10 years’ imprisonment. The High Court had kept his appeal pending while refusing to suspend his sentence.

Solicitor General Tushar Mehta, for the Central Bureau of Investigation (CBI), which investigated the case, said the High Court has scheduled the appeal in the custodial death for final hearing on February 11.

On learning of this, the Bench requested the High Court to take up the case on February 11, complete the hearing and decide the appeal within three months.

The apex court said the High Court could also take up, along with Sengar’s appeal, a separate petition filed by the family of the dead man challenging the 10-year sentence imposed by the trial court. The Bench said both appeals could be heard and decided together in the interest of justice.

“Out of 10 years of sentence, you [Sengar] have undergone an actual sentence of over seven years. It is highly debatable whether you will be entitled to claim remission in an offence involving moral turpitude of such nature,” Chief Justice Kant addressed Mr. Dave.

The senior counsel replied that remission was given in murder cases, albeit after the convict serves 14 years of imprisonment.

“But that can be murder simpliciter. Murder committed without premeditation or on a momentary notion,” Chief Justice Kant said.

The court said it did not want to intervene in the case as the High Court had already listed it for final hearing.

“The total time undergone by a convict is kept in view while suspending a sentence. We suspend the sentence in a case usually when we are uncertain about the time the decision would come in the appeal. In this case the appeal is already listed for final hearing,” Chief Justice Kant observed.

Mr. Dave said the appeal had come up on February 3, but was not taken up

The Chief Justice said however heinous a criminal, the law provides him a hearing without delay. “We are a country proud of the rule of law. Even the most heinous and dreaded criminals are given an opportunity of hearing,” the CJI remarked.

Mr. Mehta said even the 26/11 Mumbai terror attack convict Mohammed Ajmal Amir Kasab was given his day in court. “Thsi was a person who attacked the sovereignty of the nation,” he noted.

“I do not know why my friend is talking about Kasab. I [Sengar] was a sitting MLA,” Mr. Dave protested.