Delhi High Court Commands: ‘Surrender Immediately’ — Order to Kuldeep Singh Sengar’s Brother in Unnao Custodial Death Case

(By Syed Ali Taher Abedi)

Delhi,20, February,2026-In a significant judicial intervention, the Delhi High Court on Friday issued a stern directive to Jaideep Singh Sengar (alias Atul Singh Sengar), the brother of expelled BJP legislator Kuldeep Singh Sengar, demanding his immediate surrender to prison authorities.

The Court emphasized that “the law is equal for all,” refusing to entertain his plea for further suspension of sentence until he returns to custody.

The Judicial Mandate: “Surrender First, Hearing Later”

A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja took a serious view of the convict’s continued liberty in the absence of a valid extension order.

The Bench observed that while Sengar had been granted interim suspension of sentence on medical grounds in July 2024, the last formal extension had lapsed in April 2025.

Despite the matter being listed on five subsequent occasions, no further extension was granted, nor was any specific request made by the defense to extend the interim relief. The Court underscored the following legal principles:

• No Presumed Extension: The Bench clarified that interim orders in criminal proceedings cannot be “presumed” to continue automatically, distinguishing them from certain civil procedures.
• Equality Before Law: The Court remarked that Sengar should have been treated as an absconder for failing to surrender after his relief expired, asserting that no special privilege could be afforded to him.
• Mandatory Compliance: Orally remarking on the gravity of the situation, the Bench stated, “You surrender and then we will see.” It warned that if the surrender is not affected by Saturday, the Central Bureau of Investigation (CBI) is authorized to take appropriate coercive action.

Defense Contentions and Medical Grounds

Senior Advocate Pramod Kumar Dubey, appearing for Sengar, submitted that his client is a Stage IV cancer patient currently receiving specialized treatment in Kanpur. He assured the Court that Sengar had no intention of evading the law and pledged that the convict would surrender to the Tihar Jail authorities by tomorrow (Saturday).

The CBI, however, has maintained a strong opposition to the extension. In previous hearings, the agency’s counsel alleged that the medical prescriptions and documents submitted by Sengar to justify his continued release were “fabricated” and did not reflect his actual health status.

Case Background: The Unnao Custodial Tragedy

The case pertains to the death of the Unnao rape survivor’s father on April 9, 2018.

The victim’s father was arrested under the Arms Act—allegedly at the behest of Kuldeep Singh Sengar—and subsequently died in judicial custody due to brutal physical assault and internal injuries.

In March 2020, a Delhi Court convicted the Sengar brothers and several others for culpable homicide not amounting to murder (Section 304 IPC), criminal conspiracy, and other charges, sentencing them to 10 years of rigorous imprisonment.

While Kuldeep Sengar is already serving a life sentence for the rape of the minor survivor, the high-profile custodial death case continues to witness intense legal scrutiny.

The High Court has now called for a status report and adjourned the matter to February 24, contingent upon Senger’s surrender.