Activists protest against bail to Sengar outside Parliament
NEW DELHI: Invoking Supreme Court’s verdict in LK Advani case in which it was ruled that anyone who holds public office, like MPs or MLAs, would be deemed a public servant, CBI has told Supreme Court that Delhi high court erred by declaring that Kuldeep Singh Sengar, an MLA when the offense was committed, was not a public servant to be prosecuted under POCSO and granted him bail, reports Amit Anand Choudhary. A vacation bench will take up CBI’s plea Dec 29.Seeking quashing of HC’s order, CBI said when lawmakers can be prosecuted under the Prevention of Corruption Act for being a public authority, then they should be deemed public servants to be prosecuted under POCSO. HC had ruled that Sengar’s case was not covered under Section 5(c), which talks about aggravated penetrative sexual assault. CBI: HC ignored MLA vested with public trust, authorityThe provision says the offense becomes severe when penetrative sexual assault is committed by specific individuals like police officers, armed forces, public servants, or staff of educational institutions/hospitals, leading to stricter penalties.CBI said, “The HC failed to consider that a sitting MLA, by virtue of holding a constitutional office, is vested with public trust and authority over the electorate and that such position carries heightened responsibility arising from duties owed to the state and society… It has erred in law by failing to adopt a purposive interpretation that advances the object and intent of the POCSO Act…”It said HC “failed to correctly appreciate the judgment of this Hon’ble Court in the case of LK Advani v CBI wherein the accused MLA was held to be a public servant within the meaning of Section 2 (c) (viii) of Prevention of Corruption Act…”“It is submitted that the offenses under Section 5(c) of the Pocso Act are of greater gravity than corruption offenses by MP’s/MLA’s… The legislation 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 appeal said.“A comprehensive and meaningful reading of section 5(c) the POCSO Act leads to an irrefutable conclusion that it seeks to punish exploitation and sexual abuse of children from public servants, owing to use of their power, position or status be it political or otherwise,” it said.CBI said a life convict can be given the benefit of suspension of sentence only if, prima facie, the conviction appears unsustainable and there is a high chance of success in appeal. “Mere long incarceration or delay in hearing the appeal, by itself, does not automatically justify suspension in heinous offences; courts must balance individual liberty with societal interest and the gravity of the crime,” it said.
