SURJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) A point of substantial importance raised in this writ petition is whether the State Government has power to review its earlier order passed under Section 197 of the Code of Criminal Procedure (hereinafter referred to as the Code). The State Government, - -vide order dated July 10, 1973 (annexure P -2), refused sanction for the prosecution of the Petitioner under Section 197 of the Code on the basis of a complaint but, later on, - -vide order dated June 15, 1978 (annexure P -3), accorded sanction for the prosecution of the Petitioner on the basis of the same complaint. Since interpretation of Section 197 of the Code is involved, its relevant part is reproduced hereunder:

(2.) THE Petitioner, Surjit Singh, Deputy Superintendent of Police, has filed this writ petition challenging the order of the State Government, annexure P -3, by which sanction has been granted against him under Section 197 of the Code for his prosecution along with another.

(3.) IT is further alleged that the Shiromani Akali Dal has come in power in the State of Punjab and the present Ministry, taking advantage of its position and in order to appease the Akali Janta, has set aside the earlier order of the State Government and has now -granted sanction for the prosecution of the Petitioner and another Deputy Superintendent of Police, - -wide annexure P -3. It is specifically pointed out that in the order annexure P -3 there is no mention of the earlier order of refusal nor was the Petitioner granted any opportunity whatsoever before passing the impugned" order. It is also averred that the impugned order has been passed without application of mind for the reason that the Government was not conscious of its earlier order annexure P -2 when the impugned order annexure P -3 was passed. It is also alleged that once power was exercised under Section 197 of the Code and the State Government refused to grant sanction, the order could not be reviewed and there was no provision under the Code giving power to review the earlier order. It was further averred that the impugned order is mala fide as it has been passed to appease the Shiromani Akali Dal.