Open iDraf
Dilip K. Basu v. State Of W.b. And Others

Dilip K. Basu
v.
State Of W.b. And Others

(Supreme Court Of India)

Criminal Misc. Petition No. 4201 Of 1997 In Writ Petitions (Crl.) No. 539 Of 1986 And 592 Of 1987 | 07-11-1997


1. On 1-8- 1997, we had issued directions to the Directors General of Police and the Home Secretaries of the States/Union Territories to send to this Court compliance report of the directions concerning the arrestees which were reproduced in that order. The needful was required to be done within six weeks

2. On 26-9-1997, it was noticed that while some of the States and the Union Territories had filed compliance report and the affidavits of the Directors General of Police and the Home Secretaries, some other States had not done so. We granted four weeks time to the defaulting States/Union Territories to submit the reports etc., on the request made by learned counsel appearing for those States/Union Territories and observed

"we hope that by the next date, all the reports would be available and there would be no occasion for us to take any action on account of the default by any of the States in not submitting the reports" *

3. The States of Himachal Pradesh, Jammu and Kashmir, Manipur, Meghalaya, Nagaland, Punjab, Rajasthan and Tripura have not submitted the reports so far. Neither the affidavits of the Directors General of Police nor of the Home Secretaries have been filed. We view this default with concern

4. Learned counsel appearing for these States pray for some more time to comply with the directions dated 1-8-1997. We grant them three weeks time within which period they shall furnish the affidavits and the reports in the manner directed in the earlier orders. In the event, these reports are not filed by any of the States/Union Territories the Directors General of Police and the Home Secretaries of the States/Union Territories concerned shall remain present in the Court to explain the default on the next date

5. The States of West Bengal and Madhya Pradesh have not filed reports in the tabular form. Learned counsel for these States shall do the needful within the same period

6. Dr. Singhvi, learned amicus curiae, points out that the affidavits of some of the States like Tamil Nadu, Gujarat, Sikkim etc. are incomplete in the sense that they do not disclose as to how the instructions have been carried out by the various functionaries to which they were issued. Learned counsel for these States and other States who have also filed similar type of affidavits/reports shall also in the meanwhile file a detailed statement in the tabular form indicating the compliance report, in the manner indicated in our earlier orders

7. The report filed by the State of Haryana is not in a tabular form. The instructions given to functionaries in various districts have been mentioned but the report is not in the manner as directed in the earlier order. Learned counsel for the State of Haryana shall do the needful by the next date

8. List the matters on 9-12-1997

Court Masters.

Advocates List

For

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE JUSTICE DR. A. S. ANAND

HON'BLE JUSTICE K. VENKATASWAMI

Eq Citation

(1998) SCC CRI 1041

(1998) 9 SCC 437

LQ/SC/1997/1465

HeadNote

Constitution of India — Art. 21 — Custodial violence — Compliance report — Failure to file — States of Himachal Pradesh, Jammu and Kashmir, Manipur, Meghalaya, Nagaland, Punjab, Rajasthan and Tripura — Held, default viewed with concern — States of West Bengal and Madhya Pradesh not filing reports in tabular form — Learned counsel for these States directed to do the needful within same period — Affidavits of some States like Tamil Nadu, Gujarat, Sikkim etc. incomplete in the sense that they do not disclose as to how instructions have been carried out by various functionaries to which they were issued — Learned counsel for these States and other States who have also filed similar type of affidavits/reports directed to file detailed statement in tabular form indicating compliance report in manner indicated in earlier orders — Report filed by State of Haryana not in tabular form — Instructions given to functionaries in various districts have been mentioned but report not in manner as directed in earlier order — Learned counsel for State of Haryana directed to do the needful by next date