VidhiSangh

Supreme Court of India · 20/04/2023

AMOD KUMAR KANTH versus ASSOCIATION OF VICTIM OF UPHAAR TRAGEDY AND ANR.

[2023] 6 S.C.R. 669 · 2023 INSC 397

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Summary

A former Deputy Commissioner of Police who acted as cinema licensing officer in 1979-80 was summoned by a Magistrate, on a protest petition rejecting the CBI's closure report, for offences under Sections 304A, 337 and 338 IPC and Section 14 of the Cinematograph Act in connection with the 1997 Uphaar cinema fire, without sanction under Section 197 CrPC. The Supreme Court held that every act attributed to him, from the order directing removal of extra seats, through his counter affidavit in the High Court, to the December 1979 order removing 62 seats on a committee's recommendation, was done in the discharge or purported discharge of official duty; that the question of sanction must not be conflated with whether an offence was committed; and that cognizance without sanction was contrary to Section 197. The proceedings were quashed, leaving the competent authority free to consider sanction.

Issues

  1. Whether a Magistrate could take cognizance against a public servant for acts done as licensing authority under the Cinematograph Act without previous sanction under Section 197 CrPC.
  2. Whether the fact that the officer's final decision departed from the stand taken in his earlier counter affidavit, or findings of lapses by the licensing authorities in earlier judgments, took his acts outside the discharge of official duty.

Provisions considered

Held

Result

Appeal allowed; High Court order dated 03.10.2013 set aside and the proceedings challenged under Section 482 CrPC quashed for want of sanction under Section 197 CrPC, without prejudice to the competent authority taking a decision on granting sanction for prosecution in accordance with law.

Judgment PDF: Supreme Court of India, [2023] 6 S.C.R. 669.