CBI to Challenge Delhi HC Bail for Kuldeep Sengar in Unnao Rape Case
CBI will challenge Delhi High Court's decision to suspend Kuldeep Sengar's life sentence in the Unnao rape case.
Photo by Laura Brain
The Central Bureau of Investigation (CBI) has announced its decision to file a Special Leave Petition (SLP) before the Supreme Court, challenging the Delhi High Court's order to suspend the life sentence of former BJP MLA Kuldeep Sengar in the 2017 Unnao rape case. This move comes amidst widespread outrage and after the survivor met with Congress leaders Rahul and Sonia Gandhi, seeking assistance in her ongoing fight for justice. The survivor expressed profound distress, stating she "wanted to commit suicide" due to the setback.
The CBI emphasized its strong opposition to Sengar's bail petition in the High Court, citing safety concerns and threats to the victim's family. This case highlights critical issues in India's criminal justice system, particularly concerning the protection of victims and the judicial process in high-profile cases.
मुख्य तथ्य
CBI to file SLP in Supreme Court against Delhi HC order
Delhi HC suspended life sentence of former BJP MLA Kuldeep Sengar
Case relates to 2017 Unnao rape of a minor
Survivor met Rahul and Sonia Gandhi
UPSC परीक्षा के दृष्टिकोण
Constitutional provisions related to the Supreme Court's appellate jurisdiction (Article 136 - SLP)
Powers of High Courts regarding suspension of sentence and bail (CrPC provisions)
Working of the Criminal Justice System in India, including investigative agencies (CBI)
Victim protection mechanisms and challenges (POCSO Act, Witness Protection Scheme)
Judicial process, delays, and the concept of 'justice delayed is justice denied'
Role of judiciary in upholding the rule of law and protecting fundamental rights (Article 21)
दृश्य सामग्री
CBI's Challenge: Judicial Path in Unnao Case
This flowchart illustrates the legal process initiated by the Central Bureau of Investigation (CBI) to challenge the Delhi High Court's order suspending Kuldeep Sengar's life sentence, leading to the Supreme Court via a Special Leave Petition (SLP). It highlights the sequential steps in this high-profile judicial intervention.
- 1.Delhi High Court Suspends Life Sentence & Grants Bail to Kuldeep Sengar
- 2.CBI Decides to Challenge High Court's Order
- 3.CBI Files Special Leave Petition (SLP) in Supreme Court (Under Article 136)
- 4.Supreme Court Examines SLP & Decides Whether to Grant 'Leave' to Appeal
- 5.If Leave Granted: Supreme Court Hears the Appeal
- 6.Supreme Court's Final Judgment (Can Uphold HC Order, Cancel Bail, or Remand)
- 7.If Leave Denied: SLP Dismissed, HC Order Stands
Geographic Context: Unnao Case & Judicial Hubs
This map highlights the key geographical locations relevant to the Unnao rape case and the subsequent judicial proceedings. It pinpoints Unnao district in Uttar Pradesh, where the crime occurred, and New Delhi, the seat of the Delhi High Court and the Supreme Court of India, where the legal challenge is unfolding.
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और जानकारी
पृष्ठभूमि
नवीनतम घटनाक्रम
बहुविकल्पीय प्रश्न (MCQ)
1. Consider the following statements regarding a Special Leave Petition (SLP) in India: 1. A Special Leave Petition can be filed against any judgment, decree, determination, sentence, or order passed by any court or tribunal in the territory of India. 2. The power to grant special leave to appeal is a fundamental right guaranteed to every citizen under the Constitution. 3. The Supreme Court can grant special leave to appeal even in cases where no appeal lies to it under other provisions of the Constitution or law. Which of the statements given above is/are correct?
उत्तर देखें
सही उत्तर: C
Statement 1 is correct. Article 136 of the Constitution grants the Supreme Court a very wide discretionary power to grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India. Statement 2 is incorrect. The power under Article 136 is a discretionary power of the Supreme Court, not a fundamental right of appeal for citizens. Statement 3 is correct. Article 136 is an extraordinary power that allows the Supreme Court to intervene in cases where no ordinary right of appeal exists, ensuring that justice is served in exceptional circumstances.
2. In the context of the Indian criminal justice system, which of the following statements is/are correct? 1. A High Court, under the Code of Criminal Procedure (CrPC), has the power to suspend the execution of a sentence pending an appeal. 2. Bail is an absolute right of an accused person in all bailable offences, and the police cannot refuse it. 3. The Supreme Court's power to grant anticipatory bail is wider than that of a High Court, as it can be exercised even before an FIR is lodged. Select the correct answer using the code given below:
उत्तर देखें
सही उत्तर: B
Statement 1 is correct. Section 389 of the CrPC empowers an Appellate Court (including a High Court) to suspend the execution of a sentence and release the appellant on bail pending the appeal. Statement 2 is correct. Section 436 of the CrPC states that in bailable offences, bail is a matter of right, and the police or court must grant it upon furnishing a bail bond. Statement 3 is incorrect. Both the High Court (under Section 438 CrPC) and the Supreme Court (under Article 32/136, though rarely exercised for anticipatory bail directly) have concurrent powers to grant anticipatory bail. The scope of anticipatory bail is generally defined by Section 438 CrPC, and there isn't a fundamental difference in the 'width' of power between HC and SC regarding anticipatory bail application, though SC's overall constitutional powers are broader.
3. Regarding victim and witness protection in India, consider the following statements: 1. The Protection of Children from Sexual Offences (POCSO) Act, 2012, mandates the establishment of special courts for speedy trial of offences against children. 2. Under the POCSO Act, the identity of a child victim must not be disclosed by any means, including media, to protect their privacy and dignity. 3. The Witness Protection Scheme, 2018, is a statutory scheme enacted by the Parliament of India. Which of the statements given above is/are correct?
उत्तर देखें
सही उत्तर: C
Statement 1 is correct. Section 28 of the POCSO Act mandates the designation of Special Courts for the purpose of providing a speedy trial. Statement 2 is correct. Section 23 of the POCSO Act prohibits the disclosure of the identity of a child, including their name, address, school, or any other particulars that may lead to the identification of the child, in any report or media. Statement 3 is incorrect. The Witness Protection Scheme, 2018, was formulated by the Union Government and approved by the Supreme Court of India. It is not a statutory scheme enacted by Parliament, but rather a scheme given legal force through judicial pronouncement under Article 141 and 142 of the Constitution.
संबंधित लेख
कर्नाटक भर्ती एससी/एसटी के लिए आंतरिक कोटा पर कानूनों की अवहेलना करती है
दिल्ली उच्च न्यायालय ने निजी स्कूलों में शुल्क विनियमन पर रोक लगाई
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कर्नाटक HC ने गुटखा कंपनी द्वारा भूमि सौदे पर रोक लगाई, इसे 'दिनदहाड़े डकैती' कहा