Unnao Rape Case: Why Did CBI Mention LK Advani's Name To Challenge Kuldeep Sengar's Bail In Supreme Court?

The Supreme Court has stayed the Delhi High Court's order granting bail to former MLA Kuldeep Singh Sengar and issued him a notice to respond within four weeks. The bail was stayed after the CBI challenged the Delhi High Court order in the Supreme Court.

At one point during the hearing, the name of BJP stalwart Lal Krishna Advani was also mentioned. His name was mentioned regarding an earlier case where the CBI had got a clearance to prosecute the politician under 'public servant' in an alleged corruption case.

Understanding Kuldeep Sengar's bail order

The POCSO Act has strict provisions for the crime committed by a public servant. It is considered 'aggravated penetrative sexual assault'. The Delhi High Court has granted bail to Sengar, stating that legislators could not be categorically included within the definition of a public servant.

As Sengar had already served over seven years in jail, he was granted bail.

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What did CBI argue with LK Advani case?

Challenging the Delhi High Court order, the CBI appealed to the Supreme Court that the High Court's reasoning was legally flawed. The primary basis for the challenge was the Supreme Court's 1997 decision in the case of LK Advani vs CBI.

The CBI argued in its petition that if legislators can be considered public servants for crimes like corruption, the same principle should be applied with equal or even greater strictness in cases involving sexual offenses against children. The CBI argued that excluding legislators from the definition of public servants under POCSO would defeat the very purpose of the law.

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What is the Advani case of 1997?

The CBI had registered cases under the Prevention of Corruption Act, 1988, alleging illegal funds were given to politicians in exchange for government favors. The legal issue then arose as to whether elected representatives could be considered public servants for the purposes of the anti-corruption law. The Supreme Court's answer to this was yes.

During the hearing today, Chief Justice Surya Kant, Justice JK Maheshwari, and Justice Augustine George Masih stayed the Delhi High Court order. This case dates back to 2017, in which a teenage girl from Unnao had accused Ladip Sengar of rape. Sengar was the MLA from Bangarmau at the time.