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last mo.

Supreme Court Stays Sengar Bail, Sets Up Ruling on Whether Lawmakers Are ‘Public Servants’ Under POCSO

The bench signalled concern over a narrow reading that would exclude elected legislators from POCSO’s aggravated-offence provision.

The top court is right in taking an expansive view of the issue and considering the real-world meaning of a public servant, instead of favouring a hyper-technical view that runs the risk of endangering justice.. (HT Archive)
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Overview

  • The Supreme Court put on hold the Delhi High Court order that had granted relief to former MLA Kuldeep Singh Sengar, calling the case one with substantial questions of law.
  • At issue is whether an MLA qualifies as a public servant under Section 5(c) of the POCSO Act, a determination that affects aggravated charges and enhanced sentencing.
  • The CBI urged a purposive, victim-centric interpretation and cited Supreme Court precedents involving L. K. Advani and P. V. Narasimha Rao to argue legislators fall within the ambit of public duty.
  • The Court remarked it was “a little bit disturbing” that a constable or patwari would count as a public servant while an elected legislator would not under the High Court’s view.
  • Noting Sengar’s convictions under both POCSO and IPC Section 376, the Court issued notice and kept the matter pending for an authoritative interpretation.