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New Delhi: Downloading and watching child pornography is an offence under the Protection of Children from Sexual Offences (POCSO) Act, the Supreme Court ruled today in a landmark judgment on the stringent law to prevent child abuse.

The bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala set aside the Madras High Court order that had ruled that merely downloading and watching child pornography was not an offence under the POCSO Act. The Supreme Court noted that the high court had committed an "egregious error" in passing the judgment.

The Madras High Court's order had come in a case in which a 28-year-old man was charged with downloading child pornography on his phone. The court had quashed the criminal proceedings against the man and said children these days are grappling with the serious issue of watching pornography and society must be mature enough to educate them instead of punishing them.

The Supreme Court today restored the criminal proceedings against the man.

At the outset, Justice Pardiwala thanked the Chief Justice for the opportunity to pen this judgment. The order focused on Section 15 of the POCSO Act which lays down punishment for the storage of pornographic material involving children.

"Any person who stores any pornographic material involving a child and fails to report or destroy it is punishable with a fine of not less than five thousand rupees., and repeat offence will be punishable with fine of not less than ten thousand rupees. If the material is stored for further transmitting or propagating, then along with fine, it is punishable with upto three years of imprisonment. For storing child pornographic material for commercial purpose is punishable with three to five years of imprisonment, and in subsequent conviction, upto seven years of imprisonment," the Section says.

Justice Pardiwala said that in this case, mens rea is to be gathered from actus rea -- mens rea refers to the intent behind the crime and actus rea is the actual criminal act.

"We have said on the lingering impact of child pornography on the victimisation and abuse of children... We have suggested to the Parliament to bring an amendment to POCSO... so that child pornography can be referred to as child sexually abusive and exploitative material. We have suggested an ordinance can be brought in. We have asked all courts not to refer to child pornography in any order," the bench said.

The Chief Justice called it a "landmark judgment" and thanked Justice Pardiwala.

New Delhi: With Arvind Kejriwal announcing that he will resign as Delhi Chief Minister soon and return to office only after the people's verdict on the allegations of corruption against him, the big question is who in the Aam Aadmi Party (AAP) will get the top job.

Assembly polls in Delhi are due in February next year, even though Mr Kejriwal yesterday demanded that the election be held in November along with the Maharashtra polls. Former Deputy Chief Minister Manish Sisodia, too, has said he will go to the people and return to the top office only after re-election. This effectively means that the top leaders of AAP are not in the race for the Chief Minister's post.

Even though this Chief Ministerial stint will only be for a few months, the AAP leadership would be looking to choose a prominent leader who can articulate the party's position on key issues and has wide acceptability among the party ranks.

Here are five leaders who can make the cut

Atishi:

Delhi Minister Atishi, holding key portfolios such as education and PWD, is one of the key contenders. An Oxford University alumnus and a Rhodes scholar, Ms Atishi has worked extensively in the AAP's flagship exercise to overhaul education in Delhi's schools. An MLA from Kalkaji, the 43-year-old became a minister after Mr Sisodia was arrested in a corruption case linked to Delhi's now-scrapped liquor policy. When Mr Kejriwal and Mr Sisodia were behind bars, Atishi articulated the party's position. On August 15, Mr Kejriwal chose her to hoist the tricolour at Delhi government's Independence Day event. While Delhi Lieutenant Governor VK Saxena foiled the plan, it was clear that the AAP leadership places a lot of faith in Ms Atishi.

Saurabh Bharadwaj: 

Mr Bharadwaj is a three-time MLA from Greater Kailash and holds portfolios such as vigilance and health in the Arvind Kejriwal government. He, too, was named a minister after Mr Sisodia's arrest in the liquor policy case. Mr Bharadwaj, who has worked as a software engineer in the past, was also a minister in Arvind Kejriwal's 49-day government. He is also a national spokesperson of the AAP and was articulating the party's position when its top leaders were in jail after being arrested by central agencies in corruption cases.

Raghav Chadha: 

A member of the AAP's national executive and political affairs committee, Mr Chadha is a Rajya Sabha MP from the party and one of its top faces. Mr Chadha has earlier worked as a chartered accountant and has been in the AAP since its inception. He has been an MLA from Rajinder Nagar and played a key role in the AAP's thumping victory in Punjab in the 2022 state polls. The 35-year-old is among the most prominent young politicians in the country and is known for articulating AAP's position on key issues in Parliament.
Kailash Gahlot: 

Kailash Gahlot:

A lawyer by profession, Mr Gahlot is among the senior members of the AAP government in Delhi and holds key portfolios such as transport, finance and home affairs. The 50-year-old leader is MLA from Delhi's Najafgarh constituency since 2015. An advocate who has practised in both Delhi High Court and Supreme Court, he has served as a member executive in the high court bar association between 2005 and 2007

Sanjay Singh: 

A Rajya Sabha MP since 2018, Sanjay Singh is one of the AAP's most prominent faces known for his spirited speeches in Parliament. The 52-year-old leader is among the founder members of the party and is a member of its national executive and political affairs committee. He is also a regular in the party's media interactions to articulate its position on key issues. Sanjay Singh was also arrested in connection to a corruption case linked to the Delhi liquor policy case and is currently out on bail, like Mr Kejriwal and Mr Sisodia.

New Delhi, Sept 17: Atishi will be the new Chief Minister of Delhi. The decision came after a legislative party meeting was chaired by Arvind Kejriwal at his Delhi residence earlier today.

Kejriwal is expected to tender his resignation later today, and will also meet Lieutenant Governor VK Saxena at 4.30 pm.

On September 13, Arvind Kejriwal was released from Tihar Jail, where he had been lodged for his alleged involvement in the Delhi liquor policy case. Nearly two days after his release, on Sunday, Kejriwal said he would resign as the Chief Minister within 48 hours.

He also sought early polls in Delhi, and vowed not to sit in the chief minister’s chair until people gave him a “certificate of honesty”.

On Monday, the AAP held a series of meetings as Kejriwal sought feedback from members of the political affairs committee, the party’s highest decision-making body, on his successor in one-on-one meetings at his official residence.

Names of Delhi ministers Atishi, Gopal Rai, Kailash Gahlot and Saurabh Bharadwaj were making the rounds as contenders, news agency PTI had quoted party insiders as saying and added that Kejriwal’s wife Sunita Kejriwal and Assembly Speaker Ram Niwas Goel were also the probables.

Mangolpuri MLA Rakhi Birla, who is also the deputy speaker in the assembly, and Kondli legislator Kuldeep Kumar were also potential candidates, they added.

Earlier, sources with the AAP had told PTI that the surprise candidate could also be a member of the minority community as the party has witnessed its support among the community wavering since the 2020 Delhi riots.