India, Dec. 31 -- The Supreme Court's decision to stop the release of former BJP lawmaker Kuldeep Singh Sengar from jail and stay an earlier order by the Delhi High Court, which had opened the door for some relief for the convicted rapist, makes two important points. One, it points out that Sengar was convicted not just under the Protection of Children from Sexual Offences (Pocso) Act - the victim was a minor when the crime occurred in 2017 - but also under section 376 (rape) of the Indian Penal Code. The apex court said that the high court was not conscious that the strongman politician was found guilty under two penal statutes, and therefore, the definition of public servant under Pocso - the high court had found that Sengar could not be classified as a public servant - was not the only relevant question. In finding so, the apex court has moved to close a critical gap in case jurisprudence and underlined the severity of charges against the former legislator. Two, it hinted that the high court's definition of "public servant" might have been off the mark. In its earlier controversial decision, the high court had said that Sengar was convicted under Section 5 (C) (aggravated penetrative sexual assault by a public servant) of the Pocso Act, but an elected representative did not fit the definition of a "public servant" under Section 21 of the IPC, now BNS Section 2(28). The apex court, however, said that this interpretation was "a little bit disturbing" because a constable or patwari will be classified as a public servant, but an elected member of a legislative assembly or council will be exempt. The top court is right in taking an expansive view of the issue and considering the real-world meaning of a public servant, instead of favouring a hyper-technical view that runs the risk of endangering justice. In a country where politicians often enjoy unbridled impunity from prosecution, it is rare for any lawmaker - let alone a regional strongman who ran a region by fiat and won four times from three different parties - to pay for his crimes. It took national outrage after the victim attempted to immolate herself in 2018, and multiple charges - the conspiracy to kill the victim's father in custody, for one - for Sengar to be arrested, charged and finally convicted. While any convict or undertrial deserves due process and the full protection of the law, there should be adequate consideration of the victim's rights and the sociopolitical powers of the convict. Anything less might be a miscarriage of justice....