M. M. SUNDRESH, RAJESH BINDAL
Satender Kumar Antil – Appellant
Versus
Central Bureau of Investigation – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
Notices issued by Police under Section 41-A of the Cr.P.C. and Section 35 of BNSS, 2023 must be served only through the modes of service specified under the respective statutes. Service via electronic modes such as WhatsApp cannot be recognized as a valid or substitute method of service (!) .
All States and Union Territories are required to issue Standing Orders to their police authorities to ensure notices under the relevant sections are served only through prescribed methods, in accordance with established guidelines upheld by the Court (!) (!) .
An additional Standing Order is mandated for issuing notices under Sections 160 of Cr.P.C., 1973, Section 179 of BNSS, 2023, and Section 175 of Cr.P.C., 1973, 2023 respectively, again only through prescribed modes of service (!) .
High Courts must convene monthly meetings of their "Ensuring the Implementation of the Decisions of the Apex Court" committees to monitor compliance and ensure timely submission of compliance reports by relevant authorities (!) .
Specific directions were issued regarding the compliance status of certain States and UTs, notably emphasizing that the UT of Lakshadweep must submit a fresh compliance affidavit within two weeks and that this is the final opportunity for compliance. Failure to do so may result in the Chief Secretary being required to appear in person (!) (!) .
The Registrar Generals of High Courts and Chief Secretaries of States/UTs are instructed to ensure compliance with the directions within three weeks, with affidavits to be submitted within four weeks to a designated email address. Prompt submission is emphasized, and non-compliance will attract appropriate consequences (!) (!) .
The issue regarding the release of undertrial prisoners on personal bonds based on Aadhaar verification is noted, with further deliberation and consultation on effective implementation planned for the next hearing (!) (!) .
The Court recognizes instances where notices under the relevant sections were sent electronically but not in accordance with statutory requirements, highlighting the need for strict adherence to prescribed procedures (!) .
The Court emphasizes the importance of institutional monitoring mechanisms at the High Court level to ensure ongoing compliance with past and future directives, including regular meetings and submission of compliance reports (!) (!) .
The next hearing is scheduled for a specific date, and the Court underscores the importance of timely compliance and submission of affidavits, warning of consequences for non-compliance (!) .
These points encapsulate the Court’s directives, the procedural requirements for notices, compliance monitoring, and specific issues related to the case, without referencing specific case law.
ORDER
We have heard the learned Amicus Curiae, Sh. Siddharth Luthra, and the learned counsel appearing for the respective parties.
2. The learned Amicus has filed the compliance report dtd. 20.01.2025 before this Court after a detailed analysis of the Affidavits/Reports filed by the States, Union Territories (for short “UTs”) and the High Courts, filed in pursuance of the directions passed by this Court vide earlier orders dtd. 11.07.2022, 03.02.2023, 21.03.2023, 02.05.2023, 13.02.2024, 06.08.2024 and 15.10.2024.
3. Certain additional directions were also issued by this Court vide order dtd. 15.10.2024 to all the States, UTs and the High Courts to make use of the Model Affidavit filed by the High Court of Meghalaya to ensure compliance of earlier directions in Para. F of the order dtd. 06.08.2024, so that an ‘Institutional Monitoring Mechanism’ can be set in place to ensure full and complete compliance of not only the earlier directions passed, but also of those directions that may be passed by this Court in the future as well.
4. The learned Amicus submitted that in pursuance of this Court’s order dtd. 11.12.2024, all the concerned parties have reported either full or part compliance
Notice by Police – Notices under Section 41-A of Cr.P.C., 1973/Section 35 of BNSS, 2023 can be issued only through mode of service as prescribed under Cr.P.C., 1973/BNSS, 2023 – Service of notice thr....
Police notice – Service of notice through WhatsApp or other electronic modes cannot be considered or recognised as an alternative or substitute to mode of service recognised and prescribed under Cr.P....
The court emphasizes the necessity for compliance with directions regarding Undertrial Prisoners and the implementation of Standard Operating Procedures as per established legal precedents.
Grant of bail for non-compliance of mandate of Sections 41 and 41-A of Cr.P.C., 1973. – Directions contained in Paras 100.2, 100.4, 100.7 of Satender Kumar Antil v. Central Bureau of Investigation, (....
Police must strictly follow procedural requirements before arresting individuals, ensuring the protection of their constitutional rights against unlawful detention.
Notices under Section 41A of the Cr.P.C. must include the crime number and relevant details to ensure transparency and protect the rights of the noticee.
The court clarified that procedural non-compliance in issuing notices under Section 41A does not equate to contempt if the accused is given opportunities to comply with the investigation.
Notices issued without disclosing the corresponding FIR and crime details violate legal standards under Section 41-A of the Cr.P.C., necessitating all mandatory information for legal validity.
The central legal point established in the judgment is the need to streamline the process of declaring and bringing proclaimed offenders before the courts, emphasizing the importance of making their ....
Court mandates efficient execution of judicial processes under the Negotiable Instruments Act, emphasizing police responsibility and procedural compliance for expeditious trials.
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