Judgment

RAY, J. (Agreeing)

(1) HAVE had the advantage of deciphering the two draft judgments prepared by my learned brothers Shetty and Verma, JJ. I agree with the conclusions arrived at by my learned brother Shetty, J. Yet considering the great importance of the questions involved in this matter, I deem it just and proper to consider the same and to express my own views.

(2) THREE very important questions fall for decision in this case. First of all whether a Judge of the Supreme court or a Judge of a High court is a public servant within the meaning of S. 2 of the Prevention of Corruption Act, 1947. S. 2 of the Prevention of Corruption Act interprets a public servant as meaning a public servant as deFined in Section 21 of the Indian Penal Code i.e. Act 45 of 1860. S. 21 of the Indian Penal Code states that a public servant denotes a person falling under any of the descriptions mentioned therein:

"THIRD Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions."

(3) THUS, the definition of a public servant is very wide enough to include Judges of the Supreme court as well as Judges of the High c