The Bombay high court recently ruled that public prosecutors are government servants and therefore can be tried under the Prevention of Corruption Act (PC Act), 1988. The Aurangabad bench of the Bombay HC was hearing an appeal filed by the Maharashtra government against Sulbha Kulkarni, an assistant public prosecutor from Osmanabad, accused of demanding bribe.
“The respondent (APP) was appointed to the said post by the Directorate of Prosecution (DP) of Maharashtra. The duties and responsibilities of the respondent were controlled by the DP and though it is urged that the respondent was not performing any public duties, this court is of the opinion that the services rendered by the respondent were duties as public servant. The services of the respondent were covered under Section 2(c)(i) of the Prevention of Corruption Act, 1988,” ruled Justice AV Potdar.
The state government had appealed in the HC, after a sessions court of Osmanabad discharged Kulkarni from the charges of corruption in 2008. The court has also directed Kulkarni to appear in the special court at Osmanabad and face criminal trial. The court also directed the special court to conclude the trial in six month’s time.
As per the judgment, Kulkarni was appointed to the post of APP by the DP in June, 2000 in the Judicial Magistrate First Class court at Osmanabad. The appointment letter was signed by the District Magistrate.
The complaint was lodged by one Rajkumar Gawali, an accused in a criminal case, which was handled by Kulkarni. As per the complaint, Kulkarni had in August, 2007 demanded a bribe from Gawali. Gawali, then complained to the local Anti Corruption Branch and a trap was laid on August 29, 2007, when Kulkarni was caught red-handed.
Police filed a chargesheet against Kulkarni under Section 7, 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988.
During the pendency of trial, Kulkarni moved an application in the sessions court that under the definition of the public servant of the IPC as well as the Law Officer’s rules of 1984, she cannot be termed as a public servant. Accepting her arguments, the Osmanabad sessions court had discharged her in October, 2008.
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