Delayed Sanction Invalidates Proceedings Against School Principal, Says Delhi High Court

The Delhi High Court ruled that a prosecuting agency must obtain sanction before cognisance is taken by a court. In a case involving alleged negligence by an MCD school principal, the court dropped proceedings due to a belated sanction, emphasizing the necessity of prior approval.

The Delhi High Court has underscored the necessity of securing a sanction before any judicial cognisance is taken. Justice Neena Krishna Bansal emphasized this in a landmark ruling while addressing a case concerning alleged negligence that resulted in the tragic death of a child.

The court's decision came after an MCD school principal and a junior engineer contractor were sanctioned for prosecution in connection with the incident. However, the court discharged the principal, asserting that the required clearance was not obtained in time.

The accused had been previously implicated in a 2016 case where a four-year-old drowned in a septic tank on school premises. The ruling highlighted the importance of prompt legal procedures and clarified that subsequent sanctions are ineffective in rectifying initial procedural omissions.

(With inputs from agencies.)