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2013 Supreme(SC) 15
Supreme Court of India
T.S. THAKUR & FAKKIR MOHAMED IBRAHIM KALIFULLA, JJ.
People's Union For Civil Liberties
Versus
Union Of India & Others
Writ Petition (Civil) No(s). 196 of 2001 With Conmt. Petition (Civil) No. 99/2009 IN W.P. (C) No. 196/2001 With W.P. (C) No. 277/2010 SLP(C) No. 17453 of 2006 and SLP(C) No. 10654 of 2012
Decided on : 07-01-2013
The court affirmed that parties must be provided access to committee or commissioner reports submitted to the court to ensure they can file informed responses and objections.
Headnote:(A) Procedural Law - Access to committee reports - Directions issued to the Registry to provide copies of a committee's recommendations or upload them on the official website to enable parties to file their responses. (Para 1)
(B) Procedural Law - Objections to reports - State governments granted liberty to file objections to reports submitted by a Commissioner. (Para 3)
Facts of the case:
Reports summarizing recommendations from a committee and reports from a Commissioner were submitted to the court. The counsel for the parties requested access to the committee's report to enable them to prepare and file their responses.
Findings of Court:
The court directed the Registry to either deliver copies of the report to the appearing counsel or upload the recommendations on the court's website. Additionally, state governments were permitted to file objections to the reports submitted by the Commissioner.
Issues: Whether the parties should be provided access to reports and recommendations submitted to the court to facilitate their responses.
Ratio Decidendi: To ensure a fair process, the parties must be granted access to reports and recommendations submitted to the court so that they can effectively respond and file objections.
Result: Directions given for the distribution of reports; matter posted for subsequent hearing.
Legal Category Hierarchy
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practice and procedure
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court orders
- directions for distribution of reports
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court orders
Judgment :
A final report summarising the recommendations of the Committee has been received from Justice D.P. Wadhwa, pursuant to our order dated 17.09.2012. Learned counsel for the parties submit that they did not have the advantage of going through the final report. They pray for issue of copies to them or at least uploading of the recommendations on the Website of the Supreme Court of India to enable each one of them to download a copy of the report and file their response. We accordingly direct the Registry to either prepare copies for delivery to the counsel appearing in these cases or if it is otherwise permissible upload the report on the Website of the Supreme Court of India so as to enable each one of the counsel to get a copy of the same for its use. Learned counsel for the State Governments concerned shall also respond to the report and recommendations summarised by Justice Wadhwa.
Mr. PP Malhotra, ASG, assures the Court that the learned Attorney General for India, who is not available today will appear and assist the Court on the next date of hearing.
Post on 8.2.2013 at 2.00 PM.
We are at this stage informed that two reports have been received from the office of Mr. N.C. Saxena - Commissioner. Learned counsel appearing for the State Governments seeks time to file their objections to the said reports. They are free to do so on or before the next date of hearing. Advance copies of the same be furnished to Mr. Colin Gonsalves, Sr. Adv., appearing for the petitioner.
As prayed by Mr. PP Malhotra, ASG, list IA No. 98/2010 in WP (C) No. 196 of 2001 also on the next date of hearing.
