Mr.Naveen Raj Singh, Principal Secretary, Health

and Family Welfare (Medical Education), Government

of Karnataka, is present before the Court.

2.

This suo motu Public Interest Litigation has been

registered pursuant to the Hon’ble Supreme Court’s

direction

dated

05.09.1995.

The

order

dated

05.09.1995, on reproduction, reads as under:

“A letter from Ms. Sheela Barse addressed

to the Hon'ble Chief Justice of India with respect

to the deplorable conditions in which mentally ill

and insane women were locked up and kept in

Presidency jail, Calcutta, was registered as a

writ

petition

and

certain

orders

passed.

Subsequently, Ms.Sheela Barse withdrew from

the matter. In her place, the Supreme Court

Legal Aid Committee was substituted. Several

orders were passed by this Court from time to

time. Commissioners were also appointed to

investigate

and

report

on

the

conditions

obtaining in places where women and children

were being detained. Over the years, this Court

has also been monitoring the implementation of

its orders.

When this matter was placed before us on

August 21, 1995, it was suggested by Sri S.

Muralidhar, learned counsel for the petitioner

(Supreme Court Legal Aid Committee) and also

by some of the learned counsel appearing for

the respondents that it would be appropriate if

the function of monitoring the implementation of

the several orders passed by this Court is made

over to respective High Courts. It was suggested

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that each High Court be requested to monitor

and ensure proper and full implementation of

the orders of this Court insofar as that particular

State is concerned. We found the suggestion

acceptable. Sri Muralidhar, learned counsel for

the petitioner and Sri Harish Salve, learned

counsel for the respondents have placed before

us their suggestions. The following orders are

made after hearing the learned counsel:

1. The office shall prepare requisite number of

sets of the record of this case. The record shall

be in two parts. Part-I shall contain the letter

written by Ms. Sheela Barse (along with the

enclosures thereto), the orders passed by this

Court from time to time arranged in proper

sequence and the reports of the Commissioners

appointed by this Court, again in their proper

sequence.

2. The office shall separate the affidavits,

counter

affidavits,

rejoinders

and

further

affidavits, if any, along with their annexures with

respect to each State separately. If there are

any affidavits, reports or other documents filed

by the Union of India, the same may be included

in each of such sets. This shall be treated as

Part-II of the record. Obviously, it will be

separate for each State concerned herein.

3. The cost of preparing both Parts-I and II shall

be borne by the Union of India. After the record

is prepared as directed above, the cost thereof

shall be intimated to the learned counsel for the

Union

of

India

in

this

case

who

shall

communicate

the

same

to

the

concerned

authority. The payment shall be made into the

office

of

this

Court

within

three

months

therefrom.

4. The office shall communicate a copy of Part-I

to each of the High Courts. Along with Part-I,

Part-II relating to that particular State shall also

be enclosed.

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5. The High Courts are requested to register the

record so received by them as a Public Interest

Litigation. The Hon'ble Chief Justice of each of

the High Courts is requested to designate a

Judge of that Court to deal with the matter. The

High Court shall make all such necessary and

appropriate orders as may be warranted, from

time to time, for a proper implementation of the

orders of this Court. The High Court shall also be

free to pass such other and further orders as

may be found necessary or appropriate to

protect and improve the conditions obtaining in

places where women and children - not accused

or convicted of any crime - are detained.

6. The High Court Legal Aid Committee of each

of the High Courts shall be treated as the

petitioner in the matter in that High Court.

Copies

of

Pa