Justice Markandey Katju argues that the outrage over the Delhi High Court’s interim order in the Sengar case is politically orchestrated, not legally grounded.
A new strategy by the Opposition
By Justice Markandey Katju
I have explained in an article and interview given to eminent journalist Amalendu Upadhyaya that the Delhi High Court's order dated 23.12.2025 in Sengar's case is perfectly correct.
Yet a big hue and cry has been raised over it by certain women 'activists', backed up by the media, opposition politicians, lawyers, etc, as if heavens have fallen, and the whole legal system in India has collapsed.
My hunch is that most of the people crying from the rooftops against the High Court order have not even read it. Here is the full order :
It has been observed therein that an MLA is not a public servant under the POCSO Act, since the definition of public servant in section 21 of the IPC does not include an MLA. And in view of section 2(2) of the POCSO Act, the definition of the term 'public servant' will be that mentioned in the IPC, not in the Prevention of Corruption Act, as the trial court erroneously presumed. Hence section 5(c) of the POCSO Act will not apply, and therefore Sengar could not have been awarded a life sentence ( he has already served over 8 years in custody and jail ).
Moreover, the High Court has only passed an interim order, and has not disposed off the appeal finally. If the appeal is eventually dismissed, he will have to go to jail again. But if it is allowed and he is acquitted, say after 5 years from now, who will restore 13 years or more of his life ?
Hence the High Court by its order has struck a balance by suspending his sentence, which is the same as granting him bail. It is not an acquittal, as some people presume.
Why then such a hullabaloo, commotion, and cri de coeur, as if heavens have fallen ?
My hunch is that it is the opposition political parties who are secretly behind this uproar and outcry.
I am reminded of the story in the Mahabharat where the Pandavas put up Shikhandi in front of their army. Bheeshma Pitamah, the commander of the Kaurav army, who could not have been ordinarily defeated, laid down his weapons as he had sworn never to fight with a woman ( Shikhandi had been a woman in his previous birth ) and was thus killed.
So the opposition parties seem to have secretly and covertly organised women to lead the demonstrations and protests before the High Court, at Jantar Mantar, and before Parliament ( while themselves largely remaining in the sidelines ), to embarrass the government and blacken its image, as a supporter of rapists.
A brilliant strategy indeed !
(Justice Markandey Katju is a former Judge of the Supreme Court of India, and former Chairman of the Press Council of India. The views expressed are his own.)
