Rashid Khan Pathan filed petition on 09/11/2022.
Supreme Court had set the maximum time limit of four months for deciding application for sanction.
Rashid Khan has filed two complaints against Justice Chandrachud. One is filed on 28.11.2021 and second is filed on 5.10.2022. In the said complaints the petitioner had sought permission to file private case under section 166, 167, 115, 109, 304-A, 304, 201, 202, 218, 219, 220, 465, 466, 191, 192, 193, 199, 200, 409, 471, 474, 120(B), 34 etc. of IPC.
The office of Hon’ble President of India had not taken decision on the said complaints.
Recently Supreme Court in the case of Vijay Rajmohan 2022 SCC OnLine SCC 1377, had laid down the law that if the application for sanction is not accorded within a period of four months then aggrieved person his having right to file writ petition for direction to the authorities for deciding application within prescribed time limit.
The prayers in the abovesaid Writ Petition (C) No. 27266/2022 between R.K. Pathan vs Shri Niraj Kumar Gayagi & Ors, are as under;
“PRAYERS – It is therefore humbly requested that this Hon’ble Court may be pleased to;
(a) To hold that, in view of law laid down by the Constitution Bench of the Supreme Court in the case of K. Veeraswami Vs.Union Of India (1991) 3 Scc 655, the application for decision to accord sanction has to be taken only by the office of Hon’ble President of India and it cannot be assigned to any other office;
(b) Direct respondent No.1 to decide the applications of petitioner or a request by any citizen regarding sanction to prosecute High Court & Supreme Court Judges within a period of three months as has been ruled by Hon’ble Supreme Court in the case of Vineet Narain and Others Vs. Union of India (1998) 1 SCC 226 & in Dr. Subramanaan Swamy Vs. Dr. Manmohan Singh and another (2012) 3 SCC 64.;
(c) Any other relief in the interest of Justice may be granted”
You can download the copy of the said petition Here