In Brief
The Uphaar cinema fire tragedy of 1997 killed 59 people. A Deputy Commissioner of Police (DCP) who regulated cinema seating in 1979-1980 was prosecuted decades later without government sanction. The Supreme Court held that prosecution of public servants for acts done in official duty requires prior sanction under Section 197 CrPC, regardless of eventual findings of negligence or misconduct. The absence of sanction renders cognizance void. The Court quashed the proceedings, clarifying that the distinction between whether an offence occurred and whether sanction is required must be maintained to protect public servants from malicious prosecution.
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