B.C. Ray, J. - (1.) The only question involved in these two appeals is whether the criminal proceedings initiated against the appellants, i.e. Balbir Singh, Sub-Inspector and Ram Shankar, Constable of Delhi Police Force is maintainable in the absence of any prior sanction obtained from the Lt. Governor as required under S. 197(3) of the Code of Criminal Procedure.
(2.) Section 197(1) of the Code of Criminal Procedure envisages that no court can take cognizance of any offence alleged to have been committed by a Judge or Magistrate or a public servant while acting or purporting to act in the discharge of his official duty without previous sanction of the Government. Sub-sec. (2) of that Section further provides that no court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in discharge' of his official duty, without obtaining the prior sanction of the Central Government. Sub-section (3) of the said Section further provides that the State Government may by notification direct that the provisions of Sub-section (2) shall apply, to such class or category of members of the Forces charged with the maintenance of public order as may be specified in the said order, and upon such notification being made, the provisions of Subsec. (2) will apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted.
(3.) The appellants are undoubtedly the members of Delhi Police Force. It is also not in dispute that these appellants to do not fall within the category of officers mentioned in Sub-Section (1) of Sec. 197 of Criminal Procedure Code and as such no prior sanction of the Government is necessary in order to launch a prosecution against these officers. The only question that remains to be considered is whether the appellants being members of the Delhi Police Force are entitled to get the benefit of Sub-Section (3) of Section 197 of Criminal Procedure Code by virtue of the notification No. S. 0. 183(E) dated 20th March, 1974 issued by the Under Secretary of India read with the notification dated 7th April, 1980 issued by the Lt. Governor. Delhi under No. F. 10/77/78-HP-II. Delhi is a Union Territory within the meaning of Article 1 read with the First Schedule to the Constitution as amended by the Constitution (7th Amendment) Act 1956. The power to administer the Union Territory is vested in the President under Article 239 of the Constitution and Clause 1 of the said Article empowers the President to administer the Union Territory through an Administrator to be appointed by him. The Administrator appointed by the President under Art. 239(1) of the Constitution with the designation of Lt. Governor of Delhi derives only such powers, functions and duties as are entrusted to him by the President under Art. 239(1). In accordance with the provisions of this Article 239(1) the aforesaid notification dated 20th March, 1974 has been made whereby the President had directed that the Administrators of all the Union Territories other than Arunachal Pradesh and Mizoram exercise, subject to the control of the President, the powers and discharge the functions under the Code of Criminal Procedure 1973 as mentioned in Schedule annexed thereto, subject to the condition mentioned therein. The said notification was enforced on 1st April. 1974. In this Schedule all powers and functions of the State Government except those conferred by Sections 8 and 477 of the Code were conferred on the Administrator. Therefore, by virtue of this notification, the President empowered the Administrator of Union Territories, i.e. Lt. Governor of Delhi to exercise the powers and functions of the State Government as provided in the Code of Criminal Procedure except the powers and functions provided in Sections 8 and 477 of the said Act. It also appears from the notification dated 7th April, 1980 that the Lt. Governor directed that the provisions of SubSection (2) of Sec. 197 "shall apply to serving police officials of all ranks of Delhi Police Force" charged with the maintenance of public order. This notification was made in exercise of powers conferred upon the Administrator under Sub-Section (3) of Sec. 197 of the Code of Criminal Procedure read with the Government of India Notification Dated March 20, 1974 mentioned beforeReading these two notifications together, it is crystal clear that to start a proceeding against the members of all ranks of Delhi Police Officials in a Criminal Court, previous sanction of the Lt. Governor is imperative, provided the offence alleged to have been committed by such members of the Delhi Police Force has been committed while acting or purporting to act in discharge of their official duty.;