NEW DELHI: Ishita Sengar, daughter of former BJP MLA and Unnao rape case convict Kuldeep Singh Sengar, penned an open letter on Monday saying that she is “exhausted, frightened and slowly losing faith”.
Her statement came after the Supreme Court stayed a Delhi high court order that had suspended her father’s life sentence.
In her letter, Ishita wrote: “I am writing this letter as a daughter who is exhausted, frightened, and slowly losing faith, but still holding on to hope because there is nowhere else left to go.”
The Supreme Court stayed the operation of the December 23 Delhi high court order and directed that Kuldeep Singh Sengar shall not be released from prison in connection with the 2017 Unnao rape case.A three-judge vacation bench comprising Chief Justice of India Surya Kant and Justices JK Maheshwari and AG Masih passed the order while hearing a plea filed by the Central Bureau of Investigation (CBI). The bench observed that although courts usually do not stay bail orders once a convict is released, the present case involved “peculiar facts” as Sengar remains in jail in another criminal case.“We are conscious of the fact that when a convict or an undertrial has been released, such orders are not ordinarily stayed by this court.
But in view of the peculiar facts where the convict is convicted for a separate offence, we stay the operation of the Delhi High Court order,” the bench said.Kuldeep Singh Sengar, an expelled BJP MLA from Unnao, was sentenced to life imprisonment in December 2019 for the rape of a minor under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. He is also serving a separate 10-year sentence in a CBI case related to the custodial death of the rape survivor’s father.In her letter addressed to the “Hon’ble Authorities of the Republic of India,” Ishita Sengar said her family had waited silently for eight years, trusting the legal system.Explaining why the family chose not to protest publicly, she wrote: “We chose silence not because we were powerful, but because we believed in institutions. We waited because we believed that truth does not need spectacle.”
She alleged that despite being labelled “powerful” because of her father’s political identity, her family remained unheard.“People call us ‘powerful.’ I ask you what kind of power leaves a family voiceless for eight years?” she said. Ishita added that her family had been “drained financially, emotionally, and physically” while seeking justice.Ishita also claimed she had received rape and death threats on social media over the years, which eventually silenced her.“Over these years, I have been told countless times that I should be raped, killed, or punished simply for existing,” she wrote, describing the abuse as “daily” and “relentless.”She further expressed concern that fear and public outrage were beginning to overshadow facts and due process.“If pressure and public frenzy begin to overshadow evidence and due process, what protection does an ordinary citizen truly have?” she asked.Clarifying her intent, Ishita said the letter was not written to seek sympathy or special treatment.“We are not asking for a favour. We are asking for justice because we are human,” she wrote, urging that the law be allowed to function “without fear” and evidence be examined “without pressure.”During the Supreme Court hearing, Solicitor General Tushar Mehta, appearing for the CBI, described the case as a “very horrific” instance of child rape and argued that Sengar, being an MLA at the time, occupied a dominant position over the victim, attracting stricter punishment under the POCSO Act.The bench also expressed concern that excluding lawmakers from the definition of “public servant” under POCSO could create legal immunity for MPs and MLAs.Meanwhile, the rape survivor’s mother welcomed the Supreme Court’s order, saying it gave her hope that her daughter would finally get justice.The Supreme Court has issued notice to Sengar and sought his response within four weeks. The matter is scheduled to be heard again in the last week of January.
Following the apex court’s decision, Kuldeep's daughter Aishwarya Sengar alleged that her family was not given an opportunity to present its arguments on the merits of the case and claimed that key facts were being overlooked.
“We couldn’t even start arguing on the merits of the case today, that she has changed her statement several times, changed the timing thrice, starting from 2 pm, 6 pm and then finally 8 pm. There’s a finding of the AIIMS medical board that she was more than 18. I’ve been fighting for justice for the past eight years, but maybe the sorrows of me and my family mean nothing. We have been stripped of our dignity, our peace, and even our fundamental right to be heard.
Still hope for justice. I request that the media not spread any misinformation,” Aishwarya said.