Abdul Rehman Jami v. Union Of India And Others

Abdul Rehman Jami v. Union Of India And Others

(Supreme Court Of India)

Writ Petition (Criminal) No. 1564 Of 1985 | 24-11-1986

1. We are informed by the counter-affidavit on behalf of the State of West Bengal, respondent 4, that a ban has been imposed by public notice dated August 19, 1985 on the export of human skeletons or parts thereof, and that no such export is permitted from the State of West Bengal from that date. That does not, however, dispose of the question as to whether there are persons responsible for committing the offences alleged in the writ petition during the period August 19, 1985 and if so whether any action has been taken against them by the States concerned. We direct that State of Bihar, State of West Bengal, State of Orissa, State of Assam to institute respective enquiries into this matter so far as the matter falls within their respective jurisdictions and to take action, wherever it is found called for, for prosecuting the offenders. Notice of this order will be served upon the States and the Chief Secretaries concerned. We trust that the enquiries will be completed within three months from today.

2. The writ petition is disposed if accordingly.

Advocate List
Bench
  • HON'BLE JUSTICE RANGANATH MISRA
  • HON'BLE JUSTICE K. N. SINGH
Eq Citations
  • JT 1986 SC 945
  • AIR 1987 SC 1147
  • LQ/SC/1986/483
Head Note

Constitution of India — Arts. 21 32 and 136 — Human rights — Right to life and personal liberty — Export of human skeletons or parts thereof — States directed to institute enquiries into matter and take action for prosecuting offenders — Penal Code, 1860, Ss. 297, 298, 302 and 304 — Wildlife (Protection) Act, 1972, S. 51(1)