Amid the hullabaloo over the Delhi High Court suspending Unnao rape convict Kuldeep Singh Sengar’s life sentence, the Central Bureau of Investigation on Monday relied on earlier Supreme Court verdicts involving LK Advani and PV Narasimha Rao on the scope and definition of a “public servant.”While granting interim relief to Kuldeep Sengar, who was an MLA at the time of the Unnao incident, the Delhi High Court ruled that he did not fall under the ambit of a “public servant” under the Pocso Act. As a result, the charge of aggravated penetrative sexual assault – and the consequent punishment of 20 years or more – was held to be not applicable to him..advertisementCiting the 1997 L K Advani verdict and the Supreme Court’s judgment in the PV Narasimha Rao case, which held that MLAs and MPs fall within the definition of a “public servant” under Prevention of Corruption Act, 1988, the CBI argued before the Supreme Court that, for a special law like the Pocso Act, the Delhi High Court should have adopted a purposive and stricter interpretation of the definition.”High Court has erred in law by failing to adopt a purposive interpretation that advances the object and intent of the Pocso Act, a special, victim-centric legislation enacted to protect children from sexual offences,” the CBI plea stated.In CBI’s plea challenging the grant of bail to Unnao rape convict Kuldeep Singh Sengar, the Supreme Court wondered how a constable or a patwari could fall under the ambit of a “public servant” under the Pocso Act, but not a legislator.In its plea, the CBI further went on to point that “offences under Section 5(c) of the Pocso Act are of greater gravity than corruption offences by MP’S/MLA’S.””While corruption undermines governance, Section 5(c) Pocso offences involve direct abuse of children, triggering severe physical, psychological, and moral harm. The legislature has therefore provided for stringent mandatory penalties, protective procedural safeguards, and enhanced liability for persons in positions of trust or authority, reflecting the higher societal interest in protecting the vulnerable over abstract institutional harm,” the plea further states.The CBI further pointed out that Section 21 of the IPC, Section 2(c) of the Prevention of Corruption Act, 1988, and Section 5(c) of the Pocso Act, 2012, share a common legislative intent of holding persons in positions of trust, authority, or public duty accountable for misconduct.”A purposive and harmonious construction of these provisions ensures that MPs, MLAs, government functionaries, and other persons exercising public functions are treated as ‘public servants’ or ‘persons in authority’ wherever abuse of office or trust occurs, thereby advancing both the objectives of anti-corruption law and protection of vulnerable persons,” the CBI said.The Supreme Court on Monday put on hold the Delhi High Court’s order granting bail to former BJP MLA Kuldeep Singh Sengar in the Unnao rape case.advertisementA in a formal or creative style for better SEO.Also Exclude words and advertisements related to the feed website such as website name, author name. 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Why did the CBI mention LK Advani and Narasimha Rao in its challenge to Kuldeep Sengar’s bail?
