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1998 Supreme(SC) 1398

SUPREME COURT OF INDIA
A.S. Anand, CJI., M. Srinivasan, M.B. Shah, JJ.
Shri Dilip K. Basu - Petitioner
Versus
State of West Bengal - Respondents
Crl. M.P. No. 4201 of 1997 in W.P.(Crl.) No. 539/86 and 592/87.
Decided On : 11-12-1998

JUDGMENT :

1. Mr. B.B. Singh, learned Counsel appearing for the State of Bihar submits that he has not been able to collect all the information and if one more opportunity is granted to him he shall furnish the requisite information. Number of opportunities have already been given to the State of Bihar, however, at the request of Mr. B.B. Singh, a final and last opportunity is granted to him to do the needful within four weeks and furnish the information on an affidavit. In case the needful is not done, the necessary presumption shall have to be drawn against the State.

State of Assam

2. On behalf of State of Assam, we are informed that a bank draft for the amount of costs imposed on the last date has been prepared. Let the same be given to Ms. Suruchi Aggarwal, learned counsel assisting Dr. A.M. Singhvi, learned Amicus-Curiae.

State of Kerala

3. We have considered the compliance affidavit filed by the State of Kerala. We find that there is no definite report with regard to proper compliance with many of the directions given in DK Basu's case. Learned counsel for the State of Kerala has been apprised of the shortcomings and he submits that he may be granted some time to file an affidavit giving complete picture with regard to the status of compliance with various directions given in D.K. Basu's case. Six weeks time, as prayed for is granted. This shall be treated as the final opportunity. In case the needful is not done, necessary presumption shall have to be drawn against the State.

State of Sikkim

4. Insofar as the State of Sikkim is concerned, we have been taken through the affidavit filed by the Chief Secretary. We are not satisfied with the same. The affidavit does not disclose about the extent and manner of compliance with the directions given in D.K. Basu's case in each of the Districts of the State of Sikkim. It is necessary that information, complete in all respects, as directed by us in our earlier order be furnished by the Chief Secretary, on the basis of the reports received by him from the Districts. Let the needful be done within four weeks.

5. On the next date, the cases relating to State of Tamil Nadu, West Bengal, Gujarat and Karnataka shall be taken up for consideration.

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