IMPORTANT POINT
Sanction for prosecution – In absence of previous sanction criminal proceedings cannot continue.

JUDGMENT

VIKRAM NATH, J.

1. The Writ Petition (Criminal) No. 265 of 2022 and Writ Petition (Criminal) No. 250 of 2022 have been filed with the following prayers:

“(i) Issue a writ of certiorari or any other appropriate writ quashing the Suo moto FIR bearing State Crime Police Station (SCPS) Case No. 07/2021 registered by Respondent No.2, Complaint dated 07.12.2021 by the Respondent No.3, the Findings and recommendations of the SIT constituted by the Respondent No.2 dated 24.03.2022 seeking sanction to prosecute the husbands of the Petitioners along with 28 other Team members u/s 302, 307, 326, 201, 34 IPC r/w 120-B IPC and for initiating disciplinary action against the entire team as per the provisions of the Army Act and Rules, and all other ancillary proceedings emanating out of the said FIR and/or in furtherance of the incident dated 04.12.2021, being against the mandate of law and being solely targeted at attacking soldiers in exercise of their bona fide duties of upholding the dignity of Indian Flag;

(ii) Issue a writ of mandamus or any other appropriate writ directing the Respondents to desist from engaging in such arbitrary exercises of executive power which impairs the normal and bona fide functioning of the Army in the area;

(iii) Issue a writ of mandamus or any other appropriate writ directing the Respondent authorities to issue guidelines to protect the Rights of soldiers so that no soldier is harassed by initiation of criminal proceedings for bona fide actions in exercise of their duties, as mandated by the Union of India, in protection of sovereignty, integrity and dignity of the Country;

(iv) Issue a writ of mandamus or any other appropriate writ directing that adequate compensation is provided to the effected serving personnel and their families, who have been unnecessarily embroiled in mala fide criminal proceedings in discharge of their bona fide duties;

v) Issue a writ of mandamus or any other appropriate writ directing the local Police authorities to investigate and file Charge-sheet in the FIR No. 27/2021, instituted by 21 PARA (SF) and prosecute the perpetrators for Terrorist Activities against the unruly, violent and armed mob led to the martyrdom of Paratrooper Gautam Lal, grievous injuries to the entire Operations team and the four civilian drivers, the loss of property by burning the four civil pattern vehicles which had come to extricate the team from the site of the incident, the loss of weapons and ammunitions snatched away from the team and which were burned once the vehicles were set on fire, while discharging duties as ordered by the Central Government; Alternatively,

vi) Issue a writ of mandamus or any other appropriate writ directing that investigation of the said FIR No. 28/2021 to be carried out in another state with independent and unbiased investigating agencies;

vii) Pass any other appropriate writ/order/direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”

2. Without going into detailed facts, it would be relevant to quote an order dated 19.07.2022 passed by this Court in the above two writ petitions, as the said order incorporates the crux of the matter:

“Issue notice.

Mr. Arvind Kumar Sharma, learned Advocate-on-Record accepts notice on behalf of the Union of India and Ministry of Defence.

These Writ Petitions under Article 32 of the Constitution of India, have been filed by the wives of officers of the Indian Army for quashing of Suo Moto FIR, bearing State Crime Police Station (SCPS) Case No.07/2021 registered against the personnel of 21 PARA(SF), Unit of the Indian Army including the respective husbands of the Writ Petitioners under Sections 302, 307, 326, 201, 34 read with Section 120-B of the Indian Penal Code, 1860 (IPC) the findings and recommendations of the Special Investigation Team (SIT) dated 24th March 2022 constituted by Respondent No.2. The proceedings in this case emanate out of an incident dated 4th December 2021 which led to a firing