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1998 Supreme(SC) 194

1998(9) Supreme 106
Supreme Court of India
K. Venkataswami & S.P. Kurdukar, JJ.
Supreme Court Legal Services Committee -Appellant
versus
U.O.I. & Ors. -Respondents
W.P. (Crl.) No. 312 of 1994
With
W.P. (C) No. 637 of 1997
Decided on 10-2-1998

Headnote:Contempt-Directions given by Supreme Court to comply with its earlier directions by February 3, 1998-Except State of Orissa no other State/Union Territory complied with directions in full-Time given till 30th April, 1998 to all defaulting States/Union Territory Admin­istration to comply with in full directions given - Contempt notices directed to be issued to all Chief Secretaries of States/Union Terri­tory Administration except State of Orissa and personal appearance by them-In case directions given complied in all respects contempt notices to be treated as withdrawn. (Paras 2 to 4)

       

Order

In our order dated 25.11.97 we were constrained to point out that in spite of lapse of two years nothing has been done and therefore we were required to direct all the States to comply with the directions in all States to comply with the directions in all respects by Febru­ary 3, 1998. Except the State of Orissa, none of the States have complied with the directions given in full. In fact this Court in the said order observed as follows:

“It is made clear that in the event of failure to comply with these directions, contempt proceedings will have to be initiated against the Chief Secretary of the State Government/Union Territory Administration concerned. An affidavit about compliance of these directions shall be filed on behalf of the State Governments/Union Territories by Febru­ary 3, 1998.”

2. As pointed out, except State of Orissa, no other State/Union Terri­tory has complied with our directions in full. Some excuses are sought to be given before us but we do not find any justification for accept­ing such lame excuses.

3. Therefore, we direct the Registry to issue notices for contempt, except to State of Orissa, as directed in the order dated 25.11.97 returnable by 5.5.1998.

4. We give, in the meanwhile, time till 30.4.1998, to all the default­ing States/ Union Territory Administration to comply with in full the directions given by this Court on 25.11.97 and file an affidavit to that effect one week before 30th April, 1998. If by that time the directions in full and in all respects are complied with, the notices now issued for contempt may be treated as withdrawn otherwise the concerned Chief Secretaries of State Government/Union Territory Admin­istration shall have to appear before this Court in-person on May 5, 1998 and answer the notice for contempt.

5. The contempt notices be issued to all the Chief Secretaries of States/Union Territory Administration concerned except the State of Orissa.

W.P. (C) No. 637/97 : Adjourned to May 5, 1998.

Contempt notices issued to all except State of Orissa.

(S.P.)

***********

Parallel Citations of other Journals :

Supreme Court Legal Services Committee v. U.O.I., 1998(9) Supreme 106

00025

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