Delhi govt.’s policy choice to grant sanction to prosecute in all cases is doubtful
The law on granting sanction for prosecution enforces a task on the federal government worried to use its mind to the realities of each case and render a choice based upon its assessment whether, prime facie, a case has been constructed out. The procedure can not be based upon a consistent policy. The Aam Aadmi Celebration (AAP) routine’s justification that it cleared the prosecution of former JNU students’ union leader Kanhaiya Kumar and others on charges of sedition and conspiracy because it adopts a policy of non-interference in judicial matters is entirely inappropriate. Superior courts have consistently stressed that providing sanction is not a mechanical procedure, however requires application of mind. The federal government is required to choose whether there is enough product to conclude that the speech or slogans tended to create public disorder or consisted of incitement to violence. The previous sanction standard is a crucial procedural safeguar