Issue sanction to begin proceedings against accused: HC directs state

Kolkata: In a 2011 case of alleged physical assault in police custody, the Calcutta High Court recently directed the state to issue a sanction order within three days to ensure proceeds can take place against the people accused.

The writ petitioner was aggrieved due prolonged inaction on the part of state in granting sanction under Section 197 CrPC (prosecution of public servants) to proceed against the persons accused in a case registered before the Chief Judicial Magistrate Hooghly alleging physical assault by the accused people in police custody.

The private respondents are police personnel. The Chief Judicial Magistrate Hooghly on June 28, 2011 took cognisance of offence and prior to issuance of summons under section 204 CrPC (issue of process of warrant), sanction was sought for to proceed against the police personnel. Suman Sengupta representing the authorities further submitted that the Commissioner of Police, Chandannagar Police Commissionerate had written to the Assistant Secretary on May 14, 2024, requisition for sanction. “Even if the same is taken as the first step to have been undertaken by the police authorities to move the appropriate authority for grant of sanction, to address the same to be a belated one would be only an understatement. Rather clear negligence and intentional disobedience to the Court’s order is apparent,” Justice Rai Chattopadhyay observed.