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1997 Supreme(SC) 1437

Supreme Court Of India
Decided On : (November 7, 1997)
DILIP K. BASU
Versus
State of West Bengal

Advocates:
referred : Dilip K. Basu v. State of W.B., 1997 6 SCC 642

Headnote:

Union Territories - Compliance Report - It was noticed that while some of States and the union Territories had filed compliance report and affidavits of directors General of Police and Home Secretaries, some other States had not done so - We granted four weeks time to defaulting States/union territories to submit reports etc - On request made by learned counsel appearing for those States/union Territories and observed court hope that by next date, all reports would be available and there would be no occasion for us to take any action on account of default by any of States in not submitting the reports - Learned counsel appearing for these States pray for some more time to comply with directions - We grant them three weeks time within which period they shall furnish affidavits and reports in manner directed in the earlier orders - In event, these reports are not filed by any of States/union Territories Directors General of Police and Home Secretaries of States/union Territories concerned shall remain present in court to explain default on next date –Held, Learned amicus curiae, points out that affidavits of some of States like are incomplete in 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 shall also in meanwhile file a detailed statement in tabular form indicating compliance report, in manner indicated in our earlier orders - Report filed by State of Haryana is not in a tabular form - Instructions given to functionaries in various districts have been mentioned but report is not in manner as directed in earlier order - Learned counsel for State of Haryana shall do needful by the next date. 8. List the matters - Court Masters – Appeal Disposed Of.

( 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

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