R N SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by this petition, under Article 226 of the Constitution of India, has challenged the order No. 14036/15/94- UTS dated 8th April, 1997, passed by the respondent refusing sanction for prosecution of Mr. Deepak Misra, DCP, for offence under Section 218 of the Indian Penal Code. The petitioner has challenged the legality and validity of the order on the ground that the same was passed without considering material facts on record, is non-speaking, arbitrary, unreasonable, mechanical, passed in total non-application of mind and is a fraud of power/colourable exercise of power/abuse of power and has been made with the obvious intention of shielding a senior IPS officer.

(2.) The facts leading to the case are that Aditya Naraian succumbed to his injuries on 14th October, 1990, on receiving a fire arm injury at the hands of SI D.P. Singh of Delhi Police in the incident of 25th September, 1990, when residents of Sarojini Nagar were demonstrating against the implementation of the Mandal Commission report.

(3.) On 1st October, 1990, the petitioner filed a complaint with SHO, Vinay Nagar Police Station to investigate the incident of shooting in Sarojini Nagar area which had caused death of his son. It is the case of the petitioner that the newspaper reported the filing of a public interest petition being Civil writ Petition No. 3393 of 1990 (P.V. Kapur and another Vs. Union of India) in the Delhi High Court for adjudication upon action of police firing in INA market and Sarojini Nagar. The petitioner, therefore, with leave of the court, filed an affidavit narrating the incident which took place on 25th September, 1990, at Sarojini Nagar and sought various reliefs from the court including that criminal proceedings be initiated against those police officers found responsible for the death of his son.