In Brief
In 1997, a fire at the Uphaar cinema in Delhi killed 59 people and injured over 100 while watching a film in the balcony. The fire was attributed partly to unauthorized extra seating that violated safety regulations. A Deputy Commissioner of Police (licensing officer) who had previously approved a reduction in the extra seats in 1979 was later prosecuted for negligence without obtaining mandatory sanction under Section 197 of the Criminal Procedure Code. The Supreme Court held that cognizance cannot be taken against a public servant for acts done in discharge of official duties without sanction, even if those acts later proved negligent or harmful. The Court quashed the proceedings against the officer because he acted within his official capacity, and no sanction had been obtained before prosecution.
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