Judgment

THAKKAR, J.:- Can a sanction to prosecute surrogate for a sanction to take cognizance?

2. Two safeguards are provided in regard to prosecution of members of the Armed Forces or of the forces charged with the maintenance of public order sought to be prosecuted for use of excessive force in the discharge or purported discharge of their duty :

(1) They cannot be "prosecuted" without obtaining a sanction to prosecute from the appropriate Government (Section 132*1 of the Code of Criminal Procedure) (Cr. P.C.)

* 1. "132. Protection against prosecution for acts done under preceding sections - (1) No prosecution against any person for any act purporting to be done under Section 129, Section 139 or Section 131 shall be instituted in any Criminal Court except--(a) with the sanction of the Central Government where such person is an officer or member of the armed forces;(b) with the sanction of the State Government in any other case..........."

(2) No Court can take "cognizance" of an offence against such an official in the absence of the previous sanction of the appropriate Government (see Section 197*2 of Cr. P.C.)

* 2. "197. Prosecution of Judges and public servants --

(1)xxxx

(2) No Court