NEW DELHI: Conviction of a stamp vendor under Prevention of Corruption Act for charging Rs 2 extra for a Rs 10 stamp paper in Dec 2003 kept the three-tier judiciary engaged for almost 22 years to find answer to the question – Is a stamp vendor a public servant and is he liable under anti-corruption law?
Two constitutional courts – the Delhi HC and the Supreme Court – cumulatively deliberated for 16 years and on Friday, the SC ruled that stamp vendors are public servants, which will bring lakhs of them in states within the ambit of PC Act. But the stamp vendor who sparked the debate, was acquitted by SC after two decades.
The incident happened at the Sub-Registrar’s office at Janakpuri on Dec 9, 2003, when a stamp vendor demanded Rs 12 for selling a Rs 10 stamp paper and on exchange of chemical-laced currency notes, he was caught by anti-corruption bureau and proceeded under PC Act on charges of corruption.
The trial court convicted him under PC Act in 2008, termed him to be a public servant and sentenced him to one year imprisonment with a fine of Rs 1000. The Delhi HC took six years to decide the issue – Whether a stamp vendor is a public servant for the purposes of the PC Act? – and penned a lengthy judgment to concur with the trial court.
The appeal by the convicted stamp vendor remained pending with the SC for 11 years. On Friday a bench of Justices J B Pardiwala and R Mahadevan acquitted him for lack of evidence and overturned concurrent finding of guilt by the trial court and the HC.
In a 45-page judgment, the SC ruled that “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.”
Writing the judgment, Justice Pardiwala said as the legislature has given a wide and comprehensive definition of ‘public servant’ to curb the menace of corruption, “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 since the licence to become a stamp vendor is issued by the govt and is entitled to receive a discount on the stamp paper he sells, he would certainly be treated as a person ‘remunerated by the govt’ for the purpose of PC Act.