New Delhi: The Supreme Court on Friday set aside a Delhi High Court order suspending the life sentence of former BJP MLA Kuldeep Singh Sengar in the 2017 Unnao rape case and directed the high court to reconsider the matter afresh.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi also asked the Delhi High Court to make efforts to decide Sengar’s appeal against his conviction and life sentence within two months.

The apex court further said that if the main appeal could not be decided before the summer vacation, the high court should pass a fresh order on Sengar’s plea seeking suspension of his sentence before the break begins.

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The Supreme Court clarified that it had not expressed any opinion on the merits of the case and said the high court was free to examine the matter independently. The bench also asked the high court to reconsider legal questions, including whether an elected MLA can be treated as a “public servant” under provisions of the Protection of Children from Sexual Offences (POCSO) Act.

The top court had earlier stayed the Delhi High Court’s December 23, 2025 order that suspended Sengar’s life sentence and directed that he should not be released from custody. The high court had ruled that an elected representative did not fall within the definition of a “public servant” under Section 21 of the Indian Penal Code while considering charges under the POCSO Act.

While suspending the sentence, the high court had noted that Sengar had already spent more than seven years in prison and granted relief pending the hearing of his appeal.

The order had triggered sharp criticism from activists, sections of civil society, and the survivor’s family, with protests being held against the decision.