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2001 Supreme(SC) 1323

SUPREME COURT OF INIDA
Sakshi
Versus
UNION OF INDIA
Decided on : September 25, 2001

The court has the authority to direct a committee to examine important issues and provide advice within a specified timeframe.

Headnote:

Communication - Malimath Committee - The court directed the former Chief Justice V. S. Malimath, Chairman of the committee on Reforms of Criminal Justice system, to examine the issues contained in the representation submitted by the petitioners to the Committee.

Fact of the Case:

The petitioners requested the court to direct the Malimath Committee to examine the important issues involved in the case. The Committee initially did not respond, but later conveyed its willingness to examine the issues.

Finding of the Court:

The court directed the former Chief Justice V. S. Malimath to examine the issues and advise the Court within three months.

Issues: Communication gap with the Malimath Committee and the need for the Committee to examine the issues raised by the petitioners.

Ratio Decidendi: The court found that there was a communication gap with the Malimath Committee and decided to request the Committee to examine the issues raised by the petitioners.

Final Decision: The court ordered the former Chief Justice V. S. Malimath, Chairman of the committee on Reforms of Criminal Justice system, to examine the issues and advise the Court within three months.

( 1 ) ON 23/02/2001, we acceded to the request made on behalf of the petitioners by Mr. F. S. Nariman, learned Senior Counsel that the petitioners would prepare a comprehensive representation on the important issues involved in the case and send the same to malimath Committee for its consideration. On 13/08/2001 we were informed by the learned Counsel for the petitioners that there was no communication from Malimath Committee to whom the representation had been sent by them, as to whether that Committee would be examining the issue or not. We directed the Registrar General to enquire from the Chairman of the Committee, former Chief justice V. S. Malimath about the matter.

( 2 ) A communication has been received from Justice V. S. Malimath by the Registrar general. A perusal of the communication shows that he had conveyed his view to the petitioners. It appears that there has been some communication gap. Be that as it may, the former Chief Justice V. S. Malimath has said in his communication that, "if the Honble Court so desires the Committee would be happy to examine the issue raised in the case. "

( 3 ) LET a formal request be made to former chief Justice VS. Malimath, Chairman of the committee on Reforms of Criminal Justice system, to examine the issues contained in the representation submitted by the petitioners to the Committee. The petitioners shall be at liberty to furnish any further information or input for consideration of the Committee. We request the Committee to examine the issues and to advise this Court within three months, as far as possible.

( 4 ) LIST the matter after three months. Order accordingly.

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