Supreme Court: Subsequent Government Notifications Cannot Retrospectively Bar Valid Cognizance
Bench rules that sanction requirements under CrPC apply only at the stage of cognizance, not retroactively.
Police officers’ plea for protection under later notification rejected; trial to proceed on murder charges.
By Legal Reporter
New Delhi: April 02, 2026:
On April 1, 2026, a Division Bench of Justice J.B. Pardiwala and Justice Manoj Misra delivered a significant ruling in Samarendra Nath Kundu & Anr. v. Sadhana Das & Anr.. The Court clarified that subsequent government notifications cannot retrospectively bar prosecutions where cognizance was validly taken before such notifications.
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The case involved allegations that police officers were responsible for the death of a man during a lathi charge on election day in West Bengal in 2001. The officers sought protection under a 2010 government notification extending sanction requirements to subordinate ranks.
Background of the Case
- Incident: Complaint filed in 2001 by Smt. Sadhana Das alleging murder of her husband by three police officials.
- Initial Cognizance: Magistrate took cognizance under IPC Sections 302, 201, 109, and 120-B.
- Earlier Proceedings: In 2006, the Supreme Court quashed proceedings against senior officer Sankaran Moitra for want of sanction. Subordinate officers Kundu and Sikdar later sought similar protection.
- 2010 Notification: Government of West Bengal extended sanction requirement to subordinate police ranks.
- High Court Ruling (2012): Calcutta High Court directed trial to proceed.
Court’s Analysis
- Section 197 CrPC: Protects public servants from prosecution without prior sanction if removable only by government.
- Stage of Cognizance: Court held sanction requirements apply only when cognizance is first taken.
- No Retrospective Effect: Notifications issued after cognizance cannot retroactively bar proceedings.
- Key Observation: “A subsequent bar on the power of the court to take cognizance of an offence is of no consequence to those proceedings where cognizance was taken when there was no such bar.”
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Implications
- For Police Officers: Reinforces that protection under Section 197 CrPC depends on status at time of cognizance, not later notifications.
- For Judiciary: Clarifies limits of administrative notifications in criminal procedure.
- For Citizens: Strengthens accountability of public servants, ensuring trials are not derailed by retrospective administrative shields.
Conclusion
The Supreme Court’s ruling underscores the principle that legal bars must be assessed at the time cognizance is taken. Later government notifications cannot retrospectively shield accused officers. By dismissing the appeal, the Court has ensured that the trial proceeds, reinforcing accountability and the rule of law.
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