NEW DELHI: Warning the lawyers engaged in conducting a parallel trial outside the court in the Kuldip Sengar case, the Supreme Court on Monday in its order refused to grant bail to the expelled BJP leader and directed the Delhi High Court to hear his pending criminal appeal preferably within three months, in connection with the custodial death of the father of Unnao rape victim case.
The three-judge Bench of Chief Justice of India, Justice Surya Kant, Justices Joymalya Bagchi and N.V. Anjaria also declined to suspend his jail sentence in the case, as it upheld the HC order.
The HC had convicted and sentenced Sengar to 10 year jail sentence in the custodial death case of father of Unnao rape victim case.
“Why do we suspend a jail sentence? Only when we are uncertain about the time that will be taken in deciding the appeal,” the Court observed, after noting that the period of incarceration alone is not the sole criterion for suspension of sentence, especially when the appeal is already listed for final hearing.
The apex court during the hearing on Monday, requested the HC to take up the matter on a day-to-day basis and decide it expeditiously, preferably within three months, after taking note of the submissions that the appeal is fixed for hearing on February 11.
The court also came down heavily on the attempts -- made by some lawyers -- to influence proceedings outside the court through public commentary.
Warning them of heavy consequences, the Court said, “As a Chief Justice of India, I can’t tolerate these things. You are arguing here, and at the same time conducting a parallel trial outside the court. This is not acceptable. If you indulge in this kind of drama, there will be consequences.”
The bench in its order added that the appeal by Sengar against his conviction is pending before the HC and said that thereby the same can be taken up and heard on priority along with the victim's appeal to enhance the sentence.
