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2008 Supreme(SC) 1985

SUPREME COURT OF INDIA
B.N. AGRAWAL, G.S. SINGHVI, JJ.
Lalita Kumari – Petitioner
Versus
Govt. of U.P. and Others – Respondents
Writ Petition (Crl.) No. 68 of 2008
Decided On : 08-08-2008

Advocates:
Advocate Appeared:
For the Petitioners: S.B. Upadhyay, B.K. Shahi, B.P. Gupta, Pranesh, Mona Rajvanshi.
For the Respondents: Sharmila Upadhyay.
For the Intervenors : S.P. Juneja, Debasis Misra.
For the Mizoram : K.N. Madhusoodhanan, M.K. Michael.
For the Gujarat : Hemantika Wahi, Pinky, K. Enatoli Sema, Somnath.
For the Maharashtra : Ravindra K. Adsure.
For the NCT of Delhi : S.W.A. Qadri, Sadhana Sandhu, D.S. Mahra.
For the Punjab : Ajay Pal.
For the Manipur : Kh. Nobin Singh, David Rao, S. Biswajit Meitei, Vijay Prakash.
For the Assam : Avijit Roy
For the Uttar Pradesh : Shobha Dikshit, T.N. Singh, Rajeev Dubey, Kamlendra Mishra.
For the Karnataka : Anitha Shenoy.
For the Tamil Nadu : V.G. Pragasam.
For the U.T. Pondicherry : S.J. Aristotle, Prabu Ramasubramanian.

Headnote:

Departmental proceeding - Notices were sent to aforesaid authorities by Supreme Court Registry by fax and it was mentioned in notices that order has been put on website of Supreme Court of India so that they may file responses without loss of time - Order was put on website of Supreme Court of India as directed by this Court - It appears that notices have been served upon Chief Secretaries of all States and Union Territories and all Director Generals of Police/Commissioners of Police as case may be but in spite of that it is pathetic state of affairs that only two States viz States of Uttar Pradesh and Arunachal Pradesh have responded and other States did not bother to file their responses - Some of them have simply engaged their counsel who are appearing in court and as usual they have made prayer for time to file responses - Held, Court intend to give certain directions enumerated therein it is unfortunate that neither Director Generals of Police/Commissioners of Police as case may be nor Superintendents of Police has taken any steps by giving suitable directions to officers in-charge of police stations - In view of this Court direct Chief Secretaries of all States and Union Territories and Director Generals of Police/Commissioners of Police as case may be to see that police officers posted in every police station throughout country should act in accordance with order July treating proposed directions therein given by this Court to be interim ones and in case there is any failure on part of any police officer concerned authority shall take immediate action against that officer - Court grant two weeks time by way of last chance to Chief Secretaries of all States and Union Territories except Chief Secretaries and Director Generals of Police of States of Uttar Pradesh and Arunachal Pradesh as well as Directors General of Police/Commissioners of Police as case may be to file responses failing which they shall have to appear in court in-person on next date fixed in this case - As all States and Union Territories are represented before this Court it was not necessary for Registry to communicate this order to Chief Secretaries or Directors General of Police/Commissioners of Police as case may be - Ordered Accordingly

ORDER :

1. By order dated 14th July, 2008, we issued notices to the Chief Secretaries of all the States and Union Territories and Director Generals of Police/Commissioners of Police, as the case may be, to show cause as to why the directions enumerated therein be not given by this Court. Notices were sent to the aforesaid authorities by the Supreme Court Registry by fax and it was mentioned in the notices that the order has been put on the website of the Supreme Court of India so that they may file responses without loss of time. The order was put on the website of the Supreme Court of India, as directed by this Court.

2. It appears that notices have been served upon the Chief Secretaries of all the States and Union Territories and all the Director Generals of Police/Commissioners of Police, as the case may be but, in spite of that, it is pathetic state of affairs that only two States, viz. States of Uttar Pradesh and Arunachal Pradesh, have responded and the other States did not bother to file their responses. Some of them have simply engaged their counsel, who are appearing in court, and, as usual, they have made prayer for time to file responses.

3. In spite of the order passed on 14th July, 2008, that we intend to give certain directions enumerated therein, it is unfortunate that neither the Director Generals of Police/Commissioners of Police, as the case may be, nor the Superintendents of Police has taken any steps by giving suitable directions to the officers in-charge of the police stations. In view of this, we direct the Chief Secretaries of all the States and Union Territories and Director Generals of Police/Commissioners of Police, as the case may be, to see that the police officers posted in every police station throughout the country should act in accordance with the order dated 14th July, 2008, treating the proposed directions therein given by this Court to be the interim ones and, in case there is any failure on the part of any police officer, the concerned authority shall take immediate action against that officer.

4. In any view of the matter, we grant two weeks' time by way of last chance to the Chief Secretaries of all the States and Union Territories, except Chief Secretaries and Director Generals of Police of the States of Uttar Pradesh and Arunachal Pradesh, as well as Directors General of Police/Commissioners of Police, as the case may be, to file responses failing which they shall have to appear in court in-person on the next date fixed in this case. As all the States and Union Territories are represented before this Court, it was not necessary for the Registry to communicate this order to the Chief Secretaries or Directors General of Police/Commissioners of Police, as the case may be. Nonetheless, the Registry is directed to communicate this order by fax as well to the Chief Secretaries of all the States and Union Territories and all the Director Generals of Police/ Commissioners of Police, as the case may be.

5. Let order dated 14th July, 2008, and this order be put on the website of the Supreme Court of India so that the people of India may know what directions have been given by this Court and they may take appropriate steps in case of any inaction on the part of the concerned officer of the police station in instituting a case and the Chief Judicial Magistrate/Chief Metropolitan Magistrate, as the case may be, shall take action in a case of inaction upon filing of complaint petition and give direction to institute the case within the time directed in the said order failing which the Chief Judicial Magistrate/Chief Metropolitan Magistrate, as the case may be, shall not only initiate action against the delinquent police officer but punish them suitably by sending them to jail, in case the cause shown is found to be unsatisfactory. Apart from this, the Chief Judicial Magistrate/Chief Metropolitan Magistrate, as the case may be, shall report the matter to the disciplinary authority at once by fax as well upo

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