Hrishikesh Roy, J.

1. Heard Mr. G. Uzir, the learned Sr. counsel appearing for the petitioner in all 5 cases. The respondent No. 1 is represented by Mr. D. Nath, the learned Addl. Sr. Govt. advocate, while the learned standing counsel Health Mr. B. Gogoi, appears for the respondent Nos. 2 and 3. The Pollution Control Board and their member (respondent Nos. 4 and 5), are represented by the learned counsel Mr. H. Baruah. The common challenge in all these cases is to the order dated 27.05.2008, whereby, the Government has accorded prosecution sanction for all the writ petitioners, under Section 197 Cr.P.C. for the failure of the concerned Govt. Hospitals to comply with the Bio-Medical Waste (Management and Handling) Rules, 1998 (hereinafter referred to as the "Medical Waste Rules"). Such sanction was granted in pursuant to the direction issued by the Full Bench on 06.12.2007 in the WP (C) [Taken Up] No. 4146/2006.

2. The issue that requires Court's consideration is whether in respect of the Guwahati Medical College & Hospital, Guwahati; the Assam Medical College & Hospital, Dibrugarh; the Silchar Medical College & Hospital, Silchar; the Barpeta Medical College, Barpeta and the Mahendra Mohan Choudhury Hospital, Guwahati, the petitioners are the Heads of the Department for the concerned institutions, since only in this capacity, they can be prosecuted for the alleged failure of the Govt. Medical hospitals, to comply with the requirement of the Environment (Protection) Act, 1986 and the Medical Waste Rules.

3. The segregation of bio-medical waste and their disposal in hospitals is mandated by law and in the WP(C) No. 4146/2006 taken up by the Court, the Full Bench noted the lapses in the concerned Govt. Hospitals in the following manner:-

"...................

It is a taken up matter regarding the complaints of non-compliance with the requirement of the Environment (Protection) Act, 1986 and the Bio Medical Waste (Management and Handling) Rules, 1998 in so far as the three Medical Colleges run by the State of Assam and Mohendra Mohan Choudhury Hospital, once again, a Government Hospital at Guwahati. This Court recorded various orders from time to time. By the last order dated 27.9.2007, while recording the reasons, this court observed that the present writ petition be listed today i.e. 6.12.2007 "by which time the Court would expect the new machinery to be procured and installed in the concerned hospitals".

Today, when the matter is taken up, learned Addl. Senior Govt. Advocate appearing in the matter placed a bunch of papers before this Court. The substance of which is that the abovementioned order could not be complied with.

The Environment (Protection) Act, 1986 is more than a decade old and the abovementioned Rules are almost a decade old. Section 15 of the Act prescribes penalty for contravention of the provisions of the Act and the Rules and the penalty prescribed is imprisonment of 5 years or with fine which extend to one lakh rupees, or with both and in case of continuing contravention, with additional fine which may extend to five thousand for every day during which such failure or contravention continues. In Section 17, it is stipulated that when an offence is committed by any Department of Government, Head of the Department shall be deemed to be guilty of the offence and shall be liable to be proceeded against the punished. However, Section 19 stipulates that no court shall take cognizance of any offence except the complaint made either by the Central Government or any authority or officials authorised in this behalf by the Central Government or in the alternative if such a complaint is sought to be made by any other person such person has to give notice of not less than sixty days in the prescribed manner to the Central Government.

The command of the sovereign is meant to be obeyed. Government is not an exception to the Rule. It is in the larger interest of the citizen that the Parliament thought it fit to make Environ