SC acquits man who charged Rs 2 extra on Rs 10 stamp paper two decades ago
New Delhi, May 2 (PTI): In a peculiar case, a vendor accused of corruption for charging an extra Rs 2 for a stamp paper two decades ago was on Friday acquitted by the Supreme Court.
A bench of Justices J B Pardiwala and R Mahadevan said the prosecution failed to establish beyond all reasonable doubt, the demand of bribe and its acceptance under the provisions of Prevention of Corruption (PC) Act.
The top court, therefore, set aside the 2013 conviction of Delhi-based Aman Bhatia, a licensed stamp vendor from a local court.
The Delhi High Court had confirmed his punishment in 2014.
It came on record that on December 9, 2003, the complainant went to the office of the sub-registrar, Janakpuri in Delhi to purchase a Rs 10 stamp paper.
Bhatia allegedly demanded Rs 12 for a Rs 10 stamp paper.
Against the extra demand of Rs 2, the complainant lodged a written complaint with the anti-corruption branch, which laid a trap to catch Bhatia red handed.
Bhatia was subsequently booked for overcharging under provisions of the PC Act and convicted on January 30, 2013 and sentenced to a year in prison.
His conviction and sentence were confirmed by the high court on September 12, 2014 by holding him a public servant under the provisions of the PC Act.
On Friday, the top court while deciding the appeal of Bhatia answered two questions -- if the high court was right in holding a licensed stamp vendor a public servant and if yes, whether his conviction sustainable?
The top court held stamp vendors in the country, performed an important public duty and received remuneration from the government for such public services be termed as public servants under provisions of Prevention of Corruption Act.
"Stamp vendors across the country, by virtue of performing an important public duty and receiving remuneration from the government for the discharge of such duty, are undoubtedly public servants within the ambit of Section 2(c)(i) of the PC Act," the bench ruled.
The legislature, the top court said, used a comprehensive definition of "public servant" to achieve the purpose of punishing and curbing the growing menace of corruption and keeping this intention of the legislature in mind, the definition of "public servant" as defined under the Prevention of Corruption Act (PCA) Act should be given a purposive and wide interpretation.
"It is the nature of duty being discharged by a person which assumes paramount importance when determining whether such a person falls within the ambit of the definition of public servant as defined under the PC Act," the bench said.
Referring to the provisions of Delhi Province Stamp Rules, 1934 the bench held Bhatia was remunerated by the government and therefore his case attracted the PC Act.
Despite holding Bhatia a public servant under the provisions of the PC Act, the top court did not find a demand of bribe and its acceptance in the trap laid by the ACB.
"There is no question of a presumption under Section 20 (public servant accused of offences). Consequently, we find ourselves compelled to conclude that it would be entirely illegal to uphold the conviction of the appellant under Sections 13(1)(d)(i) and (ii) read with Section 13(2) of the Act," it said.
The bench while allowing Bhatia's appeal said his conviction couldn't be sustained and was, therefore, deserved to be set aside.
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Punjab CM Mann meets President Murmu, seeks cancellation of membership of 6 RS members
Chandigarh (PTI): Chief Minister Bhagwant Mann on Tuesday met President Droupadi Murmu, demanding the termination of the membership of six Rajya Sabha MPs from Punjab who defected to the BJP and also pressed for the introduction of a constitutional provision allowing for the recall of members.
Accompanied by party MLAs and ministers, Mann visited Rashtrapati Bhavan in Delhi.
This meeting followed a significant setback for the Aam Aadmi Party (AAP) on April 24, when seven of its 10 Rajya Sabha MPs -- Raghav Chadha, Ashok Mittal, Sandeep Pathak, Harbhajan Singh, Rajendra Gupta, Vikramjit Sahney and Swati Maliwal -- quit and merged with the BJP, alleging that the party had strayed from its principles, values and core morals. Six of the seven MPs who left AAP hailed from Punjab.
After he met with the President, Mann addressed the media here, describing the departure of the seven MPs as a "murder" of the Constitution. He stated, "Seven MPs merging with another party is completely unconstitutional. I spoke to Rashtrapati ji in detail."
Mann pointed out that he told the President that the BJP holds only two MLA seats (in Punjab), yet now has six MPs in the Rajya Sabha. He questioned, "How can this be possible? Isn't it a mockery of the Constitution?
"If they are such revolutionaries at heart, then they should have resigned from their six seats. The AAP could have sent someone else," Mann said, taking a swipe at them.
He emphasised the need for a recall provision in the Constitution, referencing MP Raghav Chadha's previous demands for such a measure when members fail to meet public expectations.
"Have you lived up to the expectations of the people?" Mann challenged the MPs during his statement.
Mann also presented a letter to the President, signed by all AAP MLAs. He differentiated between the terms 'elected' and 'selected,' stating, "They were 'selected.' Therefore, their membership should be cancelled."
The President assured Mann that she would consult constitutional experts before responding.
Earlier in the day, Mann, along with party MLAs, departed for Delhi from Chandigarh.
Speaking to reporters in Chandigarh, Mann affirmed that all AAP MLAs stand united with the party. "Only I have been given time for the meeting," Mann said.
"The President is the guardian of the Constitution. She is the constitutional head of the country," he added.
Later in a post on X in Hindi, Mann said, "Our struggle to protect Punjab's rights and interests continues. Today, along with all AAP MLAs, I have left to discuss Punjab's burning issues and present the state's strong voice before the President.
As your public servant, our government remains fully committed to Punjab's prosperity and the safeguarding of the rights of every section of society."
The MLAs and ministers gathered at the chief minister's residence in the morning before heading to Delhi, carrying placards that read 'Punjab Mann De Naal' and 'Punjab's Traitors.'
The legislators left for Delhi in buses.
Mann had previously sought an appointment with the President to meet with party MLAs and demand the "recall" of the Rajya Sabha MPs who defected to the BJP. However, only Mann was given a time slot for the meeting.
