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2023 Supreme(SC) 913

SANJAY KISHAN KAUL, ABHAY S. OKA
Satender Kumar Antil – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates Appeared:
Mr. Sidharth Luthra, Sr. Advocate, Mr. Akbar Siddique, Advocate, Mr. Rajneesh Chuni, Advocate, Mr. Pankaj Singhal, Advocate, Mr. Parv K Garg, Advocate, Mr. Abhishek Singh, Advocate, Mr. Shakti Singh, Advocate, Mr. Ayush Anand, Advocate, for the Appellant; Mr. Sanjay Jain, A.S.G., Mr. Jayant Sud, A.S.G., Mr. Udai Khanna, Advocate, Mr. Mohd Akhil, Advocate, Mrs. Priyanka Das, Advocate, Mr. Annam Venkatesh, Advocate, Mr. Ritwiz Rishabh, Advocate, Mrs. Sairica Raju, Advocate, Mr. Padmesh Mishra, Advocate, Mrs. Shradha Deshmukh, Advocate, Mr. Arvind Kumar Sharma, Advocate, Ms. Ashima Gupta, Advocate, Mr. Shiv Mangal Sharma, Advocate, Mr. Vatsal Joshi, Advocate, Mr. Raghavendra S. Advocate, Mr. Lokesh Sinhal, Sr. AAG, Dr. Monika Gusain, Advocate, Mr. Ankur Prakash, Advocate, Mr. Ashutosh Kumar Sharma, Advocate, Mr. Somanadri Gaud Katam, Advocate, Mr. Sirajuddin, Advocate, Mr. Avneesh Arputham, Advocate, Ms. Anuradha Arputham, Advocate, Mr. Ankit Sharma, Advocate, M/s. Arputham Aruna & Co. Advocate, Mr. Yashvardhan, Advocate, Mr. Apoorv Shukla, Advocate, Ms. Smita Kant, Advocate, Ms. Kritika Nagpal, Advocate, Mr. Tarun Bhushan, Advocate, Ms. Prabhleen Shukla, Advocate, Mr. Tapesh Kumar Singh, Advocate, Mr. Aditya Pratap Singh, Advocate, Mr. Kunal Chatterji, Advocate,Ms. Maitrayee Banerjee, Advocate, Mr. Rohit Bansal, Advocate, Ms. Kshitij Singh, Advocate, Mr. Arjun Garg, Advocate, Mr. S. Mahesh Sahasranaman, Advocate, Mr. Aakash Nandolia, Advocate, Mr. Amit Gupta, Advocate, Mr. Hari Sankar Mahapatra, Advocate, Mr. Naresh K. Sharma, Advocate, Mr. Nikhil Goel, Advocate, Ms. Naveen Goel, Advocate, Mr. Atithy K. Roy, Advocate, Mr. Sanjai Kumar Pathak, Advocate, Mr. Arvind Kumar Tripathi, Advocate, Mrs. Shashi Pathak, Advocate, Dr. Joseph Aristotle S., Advocate, Mr. Shobhit Dwivedi, Advocate, Mr. Sanjeev Kr. Mahara, Advocate, Ms. Vaidehi Rastogi, Advocate, for the Respondent.

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • The Supreme Court emphasizes the importance of filing compliance reports related to directions issued by the Court, specifically regarding bail procedures and monitoring compliance by judicial officers [judgement_subject][judgement_act_referred].

  • There is a need for standardized formats for compliance reports to ensure consistency and facilitate effective monitoring. The Court has provided a blank format to assist in this process (!) .

  • The Court has observed that many High Courts and States have yet to file their compliance reports. Some High Courts have filed late or unrepresented, and notices are being issued to inquire about non-compliance [1000784570001].

  • The Court has granted specific timeframes for filing compliance reports: two weeks for the CBI and States, and three weeks for collecting affidavits and submitting reports in the prescribed format [1000784570003][1000784570004].

  • Failure to comply with these directions will result in personal appearances of Home Secretaries in virtual mode [judgement_subject].

  • The Court highlights the importance of monitoring compliance with directives related to bail and the treatment of undertrial prisoners, urging judicial bodies to incorporate monitoring mechanisms and compliance status into their affidavits (!) (!) .

  • The Court orders that the judgments relevant to these compliance issues be included in the curricula of judicial training institutions to promote awareness and adherence among judicial officers [judgement_subject].

  • The Court stresses the necessity of adopting the model compliance format used by certain High Courts to ensure full disclosure and effective monitoring (!) (!) (!) .

  • The Court emphasizes that compliance with specific legal mandates, such as timely decision-making on bail applications and adherence to directions, is crucial for the proper administration of justice (!) (!) .

  • Overall, the Court underlines the significance of accountability, standardized reporting, and judicial oversight in ensuring compliance with its directions and improving the justice delivery system.


ORDER

1. Mr. Sidharth Luthra, learned senior counsel submits that while a large number of High Courts have filed their compliance report, no compliance report has been filed by the High Courts of Andhra Pradesh, Jammu & Kashmir and Ladakh, Rajasthan and Tripura. Learned counsel appearing for the High Court of Tripura submits that he filed it yesterday and naturally it is not on record. Learned counsel appearing for the High Courts of Jammu & Kashmir, Ladakh and Rajasthan request for a week's time to file the report. High Court of Andhra Pradesh is unrepresented. Let notice be issued to the Registrar of the High Court of Andhra Pradesh as to why no arrangement has been made for representation before this Court.

2. Now turning to the states which are yet to file the compliance report. It appears that hardly any of the states have filed the report. The States who have not filed or at least not given a copy to Mr. Sidharth Luthra's office are thirty in number, which are as under:-

    1. Andhra Pradesh

    2. Assam

    3. Bihar

    4. Chhattisgarh

    5. Goa

    6. Gujarat

    7. Haryana

    8. Himachal Pradesh

    9. Jammu and

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