'You're Forgetting It Was Judiciary That Convicted Him': CJI Surya Kant On Allegations Against HC Judges Over Bail To Kuldeep Singh Sengar
"Don't try to browbeat the system. We have some of the finest judges, but there can be inadvertent errors", said the CJI.
Addressing concerns over public allegations levelled against Delhi High Court judges over their grant of bail to Unnao rape accused-Kuldeep Singh Sengar, Chief Justice of India Surya Kant today cautioned against attempts to "browbeat" the system.The CJI asked the survivor's counsel to not forget that it was the judiciary only which passed the initial order of conviction against Sengar. He...
Addressing concerns over public allegations levelled against Delhi High Court judges over their grant of bail to Unnao rape accused-Kuldeep Singh Sengar, Chief Justice of India Surya Kant today cautioned against attempts to "browbeat" the system.
The CJI asked the survivor's counsel to not forget that it was the judiciary only which passed the initial order of conviction against Sengar. He also remarked that Indian judiciary has some of the finest judges, but at times, there can be inadvertent errors in decisions.
A bench of CJI Kant, Justice JK Maheshwari and Justice AG Masih heard the matter and stayed the Delhi High Court order which suspended Sengar's sentence and granted him bail during pendency of his appeal against conviction.
During the hearing, Advocate Mehmood Pracha, for the rape survivor, prayed that she may be allowed to intervene in the matter. The CJI however questioned why she cannot file her independent appeal against the Delhi High Court decision. At this point, Pracha conceded that the same would be done. The bench ultimately noted in its order that the survivor can file such separate petition, and if so required, she shall be given free legal aid.
On behalf of Sengar, Senior Advocates N Hariharan and Siddharth Dave assailed public allegations said to have been made against the Delhi High Court judges who ordered suspension of Sengar's sentence. "They should refrain from making statements against judges...they are doing on national television. There is a media trial going on. This is bordering on contempt", submitted Hariharan.
Initially, the CJI said that one should not bother about such remarks. "We are not sitting in ivory tower...we know people trying to take political advantage...nobody should be bothered about it". On the High Court judgment, he added that a very in-depth analysis of the provisions was undertaken, but at the same time, "we are all prone to commit error". For context, the error was a reference to the High Court taking note of Sengar's conviction under both IPC and POCSO Act [in para 25] yet failing to address the IPC conviction subsequently.
Later, when Hariharan persisted and highlighted a video alleging that the High Court judges are "corrupt" and had "taken money", the CJI conveyed to Pracha, "You are forgetting he was convicted by judiciary only! Don't try to browbeat the judiciary! Assuming an erroneous order is passed, you go to the streets against the judiciary?"
When Pracha defended that it is the convict who is making hue and cry, Justice Maheshwari said that the parties must address the Court and not argue outside. "Don't make any referring remarks", said the judge.
Case Title: CBI v. Kuldeep Singh Sengar, SLP(Crl) 21367/2025