New Aravalli Definition Paused, Sengar Bail On Hold | InFocus Episode 44 | Jist

Описание: The Supreme Court on December 29 passed orders on two cases which had triggered widespread public apprehensions.

Taking suo motu cognisance of concerns over the new definition of the Aravallis, a three-judge bench led by the CJI Surya Kant has kept in abeyance the Supreme Court's November 20 judgment.

The apex court's earlier order had upheld a government expert panel's definition restricting the Aravalli mountain range to hills with an elevation of 100 metres or above.

The court has said a high-powered committee would re-look into the government panel’s report to find if it contains any "regulatory lacuna”.

In the Unnao rape case, the Supreme Court has stayed the Delhi High Court order that had suspended the life-term against Kuldeep Sengar. Last week, the Delhi High Court had granted Sengar bail pending his appeal in the Supreme Court against his conviction in the 2017 rape case.

The #InFocus edition of 26 December had explained how the lack of definition of public servant in the POCSO Act had let Sengar exploit a legal loophole to his advantage. Here is the link to that earlier #InFocus episode    • Unnao Case-CBI Helped the Accused Not Vict...  

Appearing for the CBI, Solicitor General Tushar Mehta said the High Court had erred in holding that aggravated offence provisions under the POCSO Act were not attracted as Sengar could not be treated as a public servant. Mehta argued that Sengar was in a position of dominance and found guilty under POCSO and of killing the victim’s father.

On concerns over exclusion of MPs/MLAs from the definition of public servant, the CJI said, "If this interpretation is accepted, a constable or patwari will be public servant but MLA/MP will not be and get exempted."