E. The learned Amicus also submitted that apart from the directions sought for against the High Courts and States/UTs, general directions may be issued with respect to Undertrial Prisoners (hereinafter referred to as UTPs) so as to ensure that all the High Courts and States/UTs are in full compliance of the
SOP for UTPs as laid down by this court vide order dt.13.02.2024. He further submitted that it is extremely unfortunate that UTPs despite getting bail, are not being released from the prison since no family member or friend is coming forward to stand as surety or furnish bonds on the UTP’s behalf.
F. We are in full agreement with the aforesaid submission, as it is indeed a palpable situation which continues to be faced by the UTPs. Further, directions are also required to be issued to set in place an Institutional Monitoring Mechanism to ensure full and complete compliance of not only the directions which have already been passed, but also those directions which may be passed by this Court in the future as well. Accordingly, it is directed as follows: -
i. That all the High Courts and States/UTs must ensure compliance of the SOP for UTPs as laid down by this court vide order dt.13.02.2024, in those cases where no family member or friend is coming forward to stand as surety or furnish bonds on the behalf of the UTPs. ii. NALSA shall suggest a policy for implementing the direction sought for by the Amicus in Para.14(b) of the Report dt. 03.08.2024;
iii. To ensure implementation of the mandate of Para.100.2 & 100.3 of Satender Kumar Antil vs. CBI & Anr., (2022) 10 SCC 51, the following directions must be carried out:
a. Every Magistrate and/or Sessions Judge shall inform its
jurisdictional Principal District Judge about any form of noncompliance of Para.100.2 or Para.100.3 of Satender Kumar Antil vs. CBI & Anr. (2022) 10 SCC 51, within 1 week of recording such non-compliance;
b. Every Principal District Judge shall maintain a record of details of such non-compliances received from the concerned Magistrates;
c. Every Principal District Judge upon receipt of details of noncompliance by the concerned Magistrate shall, on a monthly basis, forward the same to the Registrar General of the concerned High Court and to the Head of Police in the concerned District;
d. The Head of Police of the concerned District shall, upon receipt of details of non-compliance of Para.100.2, take action against the erring officer as soon as possible and inform the concerned Principal District Judge;
e. The Registrar General of each High Court shall, upon receipt of details of such non-compliance of Para.100.2 and/or Para.100.3, place the same before the Committee for “Ensuring the Implementation of the Decisions of the Apex Court” for further action and forward it to the higher Police Authority. In those High Courts where such a committee is not currently in place, the same shall be constituted by the respective High Court.
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Miscellaneous Application No. 2034/2022 in MA 1849/2021 in SLP(Crl)
No. 5191/2021
SATENDER KUMAR ANTIL Vs CENTRAL BUREAU OF INVESTIGATION & ANR.
Date : 06-08-2024 These applications were called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE M.M. SUNDRESH
HON'BLE MR. JUSTICE ARAVIND KUMAR
UPON hearing the counsel the Court made the following
O R D E R
A. Heard learned Amicus Curiae, Sh. Siddharth Luthra, and the learned counsels
appearing for the respective parties. It is very unfortunate that despite more than
sufficient time being given, some of the parties have still not complied with the
directions issued by this court vide earlier orders dt. 11.07.2022, 03.02.2023,
21.03.2023, 02.05.2023 & 13.02.2024 by duly filing their respective compliance
affidavits.
B. Learned counsels appearing for the non-complying parties have once again
made a fervent plea that due compliance will definitely be made by the next
date of hearing. Considering the aforesaid submission, we wish to give one last
and final opportunity, and are deferring from passing any adverse orders. We
make it clear that if due compliance is not made and reported by the next date of
hearing, the consequence would follow.
C. The learned Amicus has filed reports dt. 03.08.2024 & 05.08.2024 before this
Court after a detailed analysis of the Affidavits/Reports filed by the States,
Union Territories (hereinafter referred to as UTs) and the High Courts, that
were filed in pursuance to the directions passed by this Court vide order
dt.13.02.2024
D. It is submitted that subsequently, some of the States/UTs and High Courts
have filed their respective Affidavits and Additional Affidavits which have
already been compiled and filed separately. As a consequence of the
Affidavits so filed, directions may be issued to the respective States/UTs and
High Courts who are yet to comply with the directions of this Court as
issued earlier vide orders dt. 11.07.2022, 03.02.2023, 21.03.2023, 02.05.2023
& 13.02.2024.
E. The learned Amicus also submitted that apart from the directions sought for
against the High Courts and States/UTs, general directions may be issued
with respect to Undertrial Prisoners (hereinafter referred to as UTPs) so as
to ensure that all the High Courts and States/UTs are in full compliance of the
SOP for UTPs as laid down by this court vide order dt.13.02.2024. He further
submitted that it is extremely unfortunate that UTPs despite getting bail, are
not being released from the prison since no family member or friend is coming
forward to stand as surety or furnish bonds on the UTP’s behalf.
F. We are in full agreement with the aforesaid submission, as it is indeed a
palpable situation which continues to be faced by the UTPs. Further, directions
are also required to be issued to set in place an Institutional Monitoring
Mechanism to ensure full and complete compliance of not only the directions
which have already been passed, but also those directions which may be passed
by this Court in the future as well. Accordingly, it is directed as follows: -
i. That all the High Courts and States/UTs must ensure compliance of the
SOP for UTPs as laid down by this court vide order dt.13.02.2024, in
those cases where no family member or friend is coming forward to
stand as surety or furnish bonds on the behalf of the UTPs.
ii. NALSA shall suggest a policy for implementing the direction sought
for by the Amicus in Para.14(b) of the Report dt. 03.08.2024;
iii. To ensure implementation of the mandate of Para.100.2 & 100.3 of Satender Kumar Antil vs. CBI & Anr., (2022) 10 SCC 51, the
following directions must be carried out:
a. Every Magistrate and/or Sessions Judge shall inform its
jurisdictional Principal District Judge about any form of noncompliance of Para.100.2 or Para.100.3 of Satender Kumar Antil
vs. CBI & Anr. (2022) 10 SCC 51, within 1 week of recording
such non-compliance;
b. Every Principal District Judge shall maintain a record of details of
such non-compliances received from the concerned Magistrates;
c. Every Principal District Judge upon receipt of details of noncompliance by the concerned Magistrate shall, on a monthly basis,
forward the same to the Registrar General of the concerned High
Court and to the Head of Police in the concerned District;
d. The Head of Police of the concerned District shall, upon receipt of
details of non-compliance of Para.100.2, take action against the
erring officer as soon as possible and inform the concerned
Principal District Judge;
e. The Registrar General of each High Court shall, upon receipt of
details of such non-compliance of Para.100.2 and/or Para.100.3,
place the same before the Committee for “Ensuring the
Implementation of the Decisions of the Apex Court” for further
action and forward it to the higher Police Authority. In those High
Courts where such a committee is not currently in place, the same
shall be constituted by the respective High Court.
G. Now, we issue directions for due compliance by the States, UTs, CBI and
High Courts who are yet to comply with the directions of this Court as
issued earlier vide orders dt.11.07.2022, 03.02.2023, 21.03.2023,
02.05.2023 & 13.02.2024. For the sake of convenience, the directions to
various States and UTs are issued as follows:
1. State of Andhra Pradesh - Directions to be complied with:
(i) The State must ensure full compliance of Para.100.2 by providing
details of action taken against the erring officers for non-compliance
of the mandate of S.41 & 41A CrPC, 1973 in 8 cases as per the Data
provided by the High Court of Andhra Pradesh in its Affidavit
dt.04.03.2024 (the list of 8 cases is also stated in the Amicus Report
relating to the High Court of Andhra Pradesh);
(ii) The State must ensure full compliance of Para. 100.7 by providing
details of steps taken to sanction officers and staffs in Special Courts
(as per Data in Pg.6 of the Affidavit dt. 04.03.2024 filed by the High
Court of Andhra Pradesh);
(iii) The State must ensure compliance of Para. I of the order
dt.13.02.2024 passed by this Court and implement the SOP
(constitution of an ‘Empowered Committee & an ‘Oversight
Committee’) to help poor prisoners.
11
1.1 High Court of Andhra Pradesh - Directions to be complied with:
(i) The High Court must provide data of compliance of para. 100.10 of the
judgement cited as (2022) 10 SCC 51 as per Part A of the Tabular Chart
of order dt. 03.02.2023 with respect to showing compliance with the
mandate of S. 436A of CrPC, 1973 as directed by this Court.
2. Union Territory of Andaman and Nicobar Islands - Directions to be
complied with:
(i) The UT must ensure compliance of Para. I of the order dt.13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
prisoners.
2.1 . High Court of Calcutta (Refer to S. No. 36.1)
3. State of Arunachal Pradesh - Directions to be complied with:
(i) The State must provide a clarification with respect to the instances of
non-compliances of Para.100.2 by Police Officers in Districts: Tezu,
Anjaw & Palin, as per the data provided by the High Court of Gauhati
and provide details of action taken against the said erring officers as
mandated by Para.100.2.
12
4. State of Assam - Directions to be complied with:
(i) The State must ensure compliance of Para.100.7 of Satender Kumar
Antil vs. CBI & Anr. (2022) 10 SCC 51;
(ii) The State must train and update the prosecutors on a periodical basis
and provide details of the same in terms of directions in order dt.
21.03.2023 passed by this Court;
(iii) The State must ensure compliance of Para. I of the order
dt.13.02.2024 passed by this Court and implement the SOP
(constitution of an ‘Empowered Committee & an ‘Oversight
Committee’) to help poor prisoners.
5. State of Bihar - Directions to be complied with:
(i) The State must provide a clarification with respect to the instances of
non-compliance of Para.100.2 by Police Officers in Districts: Bhojpur,
Gaya, Kaimur at Bhabhua, Rohtas at Sasaram, Araria & Aurangabad as
per the data provided by the High Court of Patna and provide details of
action taken against the erring officers as mandated by Para.100.2
(including those in District Bagaha);
(ii) The State must ensure compliance of Para. I of the order dt.13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
13
prisoners.
6. Union Territory of Chandigarh - Directions to be complied with:
(i) The UT must ensure compliance of the order dt. 21.03.2023 passed
by this Court and also provide data on the following:
(a) Circulation of the judgement passed by this Court in
Siddharth vs. State of UP, (2022) 1 SCC 676 and Satender
Kumar Antil vs. CBI & Anr., (2022) 10 SCC 51;
(b) Compliance of the direction regarding the Public
Prosecutors stating the correct position of law;
(c) To provide details regarding the training of the prosecutors
on a periodical basis;
(ii) The UT must ensure compliance of Para. I of the order dt.13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee)’ to help poor
prisoners.
6.1 High Court of Punjab and Haryana (Refer to Serial No. 28.1)
7. State of Chhattisgarh - Directions to be complied with:
(i) The State must provide a clarification with respect to the instances of
non-compliance of Para.100.2 by Police Officers in Districts other than
14
Bilaspur and provide details of action taken against the said erring
officers as mandated by Para.100.2 (including those in District
Gariyaband).
7.1 High Court of Chhattisgarh - Directions to be complied with:
(i) The High Court must ensure full compliance of para. 100.8 & para.
100.9 of Satender Kumar Antil vs. CBI & Anr., (2022) 10 SCC 51
and provide details as to what steps have been undertaken to
facilitate the release of the said UTPs as directed in Para. 100.8:
(a)CJ-I Khurd – Case No. 547/2024 – Badal Harpal– order dt.
11.06.2024;
(b)JMFC, Dhamtari – Case No. 80/2024 – Monu @ Mukesh Nagarchi
– Order dt. 09.04.2024;
(c) HC of Chhattisgarh – C.R.A. No.1911/2023 – Avinash Satnami –
Order dt. 19.10.2023;
(d)III ASJ, Jangir – Case No.94/2023 – Parmeshwar Rathore – Order
dt. 23.01.2024;
(e) CKM Sakti – Case No.813/2022 – Sanjay Sidar - Order dt.
04.04.2024;
(f) CKM, Sakti – Case No.335/2024 – Mukesh Kumar Yadav – Order
dt. 04.05.2024;
15
(g)JMFC, Pandariya – Case No.1227/2022 – Sukhiram Baiga – Order
dt. 19.06.2023;
(h)Addl. Judge to Court I – CJ II, Raigarh, Gharghoda – Case
No.381/2023 – Munmun Bhagat - Order dt. 20.05.2024;
(i) CJM Sarguja, Ambikapur – Case No.1482/2022 – Amit Kumar
Paikra – Order dt. 17.02.2023;
(j) Principal District & Session Judge, Uttar Bastar, Kanker –
Spl.Session Cases 32/2021, 33/2021 & 34/2021 – Sukhdev Singh –
Order dt. 23.12.2023.
9. National Capital Territory of Delhi - Directions to be complied with:
(i) The NCT of Delhi must provide a clarification with respect to the
instances of non-compliance of Para.100.2 by Police Officers in the
cases mentioned in Para. 2 of the Compliance report of the Learned
Amicus dt. 03.08.2024 (based on the data provided by the High Court
of Delhi) and provide details of action taken against the said erring
officers as mandated by Para.100.2.
10. State of Goa - Directions to be complied with:
(i) The State must ensure full compliance of Para. 100.2 by providing
details of non-compliance of S. 41 & 41A CrPC, 1973 in cases arising
out of District North Goa – Panaji (as reflected in the data provided by
16
the High Court of Bombay) and provide details of action taken against
the erring officers;
(ii) The State must provide a copy of the Standing Order No.44/2022
dt.18.12.2022 issued by Goa to all Investigating Officers and Police
Stations to ensure full compliance of Para.100.4;
(iii) The State must ensure compliance of Para. I of the order dt.13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
prisoners.
10.1 High Court of Bombay (Refer to Serial No. 21.1)
11. State of Gujarat - Directions to be complied with:
(i) The State must provide clarification with respect to the instances of noncompliance of Para.100.2 by Police Officers in the cases mentioned in
Para. 2 of the Compliance report of the Learned Amicus dt. 03.08.2024
(which is based on the data provided by the High Court of Gujarat) and
provide details of action taken against the said erring officers as
mandated by Para.100.2;
(ii) The State must ensure compliance of Para. I of the order dt.13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
17
prisoners.
12. State of Haryana - Directions to be complied with:
(i) The State must provide clarification and details with respect to the
instance of non-compliances of Para.100.2 by Police Officers in FIR
No.268/2022 dt. 24.07.2022 registered at PS Khwaja Sarai, Faridabad
(which is based on I.A. No.158584/2024) and provide details of
action taken against the said erring officers as mandated by Para.100.2
(ii) The State must provide periodical training to Prosecutors in terms of
Order dt. 21.03.2023 regarding putting the correct position of law
before the Court;
(iii) The State must ensure compliance of Para. I of the order
dt.13.02.2024 passed by this Court and implement the SOP
(constitution of an ‘Empowered Committee & an ‘Oversight
Committee’) to help poor prisoners.
12.1 High Court of Punjab and Haryana (Refer to Serial No. 28.1)
13. State of Himachal Pradesh - Directions to be complied with:
(i) The State must ensure compliance of Para. I of the order
dt.13.02.2024 passed by this Court and implement the SOP
18
(constitution of an ‘Empowered Committee & an ‘Oversight
Committee’) to help poor prisoners.
14. Union Territory of Jammu and Kashmir - Directions to be complied
with:
(i) The UT must ensure compliance of Para. I of the order dt.13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
prisoners.
15. State of Jharkhand - Directions to be complied with:
(i) The State must ensure compliance of Para. I of the order
dt.13.02.2024 passed by this Court and implement the SOP
(constitution of an ‘Empowered Committee & an ‘Oversight
Committee’) to help poor prisoners.
16. State of Karnataka - Directions to be complied with:
(i) The State must ensure compliance of Para. I of the order
dt.13.02.2024 passed by this Court and implement the SOP
(constitution of an ‘Empowered Committee & an ‘Oversight
Committee’) to help poor prisoners.
19
16.1 High Court of Karnataka - Directions to be complied with:
(i) The High Court must inform and provide data as to whether the
principles in Satender Kumar Antil vs. CBI, (2022) 10 SCC 51, are
being applied to applications arising out of S. 438 CrPC, 1973.
17.1 High Court of Kerala - Directions to be complied with:
(i) The High Court must provide data with respect to compliance of Para.
100.5, 100.7, 100.8, 100.9 of Satender Kumar Antil vs. CBI, (2022) 10
SCC 51 as per the model Tabular format provided in order
dt.03.02.2023;
(ii) The High Court must ensure compliance of Para. 100.11 of Satender
Kumar Antil vs. CBI, (2022) 10 SCC 51 with respect to applications
u/s. 438 CrPC, 1973 pending before the High Court of Kerala (as
mentioned in para. 7 of the Affidavit dt.06.05.2024 & para.10 of the
Affidavit dt.02.08.2024);
(iii) The High Court must provide data with respect to inclusion of
judgements, namely Sidharth vs. State of UP, (2021) 1 SCC 676 &
Satender Kumar Antil vs. CBI, (2022) 10 SCC 51, in the curriculum of
20
the Judicial Academy;
(iv) The High Court must provide data with respect to the application of
Satender Kumar Antil vs. CBI, (2022) 10 SCC 51, to Petitions filed
u/s.438 CrPC, 1973.
20.1 High Court of Madhya Pradesh - Directions to be complied with:
(i) The High Court must ensure full compliance of Para.100.2 & 100.3,
and furnish details with respect to Courts in the following districts –
Alirajpur, Chhindwara, Datia, Katni, Narsinghpur & Umaria, as both
situations cannot co-exist (there cannot be a “Yes” in the first two
columns of “Table A”);
(ii) The High Court must ensure compliance of Para. 100.5 and furnish
details with respect to Courts in the following Districts – Balaghat,
Bhind, Bhopal, Chhindwara, Datia, Narmadapuram, Narsinghpur,
Sagar, Shahdol, Singrauli, Tikamgarh, Umaria & Vidisha;
(iii) The High Court must ensure compliance of Para. 100.11 and furnish
details with respect to Courts in District Sidhi (as anticipatory bail
applications are not being decided within 6 weeks).
21
21. State of Maharashtra - Directions to be complied with:
(i) The State must ensure compliance of directions issued by this Court by way of filing an Affidavit and not just by placing independent documents or correspondences on record;
(ii) The State must ensure compliance of Para.100.2 of Satender Kumar Antil vs. CBI & Anr. (2022) 10 SCC 51 by Police Officers in each
District (as per the Data provided by the High Court of Bombay in its
Affidavit dt.04.05.2024). and provide details of action taken against
erring officers. Further, provide a clarification with respect to cases of
non- compliance of S. 41 & 41-A CrPC, 1973 in Mumbai as placed
on record by the Amici on 06.08.2024 by way of Additional
Documents and provide details of action taken against such erring
officers;
(iii) The State must ensure compliance of Para. 100.7 of Satender Kumar
Antil vs. CBI & Anr. (2022) 10 SCC 51;
(iv) The State must provide data with respect to Training Programmes held
for Public Prosecutors in compliance of Order dt.21.03.2023 passed by
this Court;
(v) The State must incorporate details of compliance of Para. I of the order
dt.13.02.2024 passed by this Court and implement the SOP
(constitution of an ‘Empowered Committee & an ‘Oversight
22
Committee’) to help poor prisoners, as stated in the letter dt.05.08.2024
issued by the Home Department, Maharashtra Government, in an
Affidavit;
21.1 High Court of Bombay - Directions to be complied with:
(i) The High Court must seek clarification and an explanation from the
concerned Remand Court in CR No. 232 of 2024 lodged at L.T. Marg
Police Station, Mumbai for not complying with Para.100.2 & 100.3 of
Satender Kumar Antil vs. CBI & Anr. (2022) 10 SCC 51
(ii) The High Court must ensure full compliance of para. 100.8 & para.
100.9 of the judgement cited as (2022) 10 SCC 51 by the Courts in all
districts, to the extent of providing details with respect to what steps
have been undertaken to facilitate the release of the said identified
UTPs as directed in Para. 100.8;
(iii) The High Court must ensure that the Sessions Courts in District
Gondia and District Jalgaon are complying with the direction of
application of principles of Satender Kumar Antil vs. CBI, (2022) 10
SCC 51 to applications arising out of S. 438 CrPC, 1973.
22. State of Manipur - Directions to be complied with:
(i) The State must provide a clarification and details with respect to the
instances of non-compliances of Para.100.2 by Police Officers in
23
District Thoubal and District Imphal (which is based on the data
provided by the High Court of Manipur) and provide details of action
taken against the said erring officers as mandated by Para.100.2.
22.1 High Court of Manipur - Directions to be complied with:
(i) The High Court must ensure compliance of Para. 100.7 of Satender
Kumar Antil vs. CBI, (2022) 10 SCC 51 by establishing a Special
Court for NIA & CBI as the letter dt. 24.08.2023 forwarded by the
Government of Manipur to the High Court is still under consideration.
Further, to establish the post of Presiding Officer for the Special Court
NIA/CBI at the earliest.
26. State of Odisha - Directions to be complied with:
(i) The State must ensure full compliance of Para.100.2 of Satender
Kumar Antil vs. CBI, (2022) 10 SCC 51 and provide clarification
and details with respect to the instances of non-compliances of
Para.100.2 by Police Officers in Districts mentioned in Para. 2 of the
Compliance Report of the Learned Amicus dt. 03.08.2024 (which is based
on the data provided by the High Court of Odisha) and provide details
of action taken against the said erring officers as mandated by
Para.100.2;
24
(ii) The State must ensure compliance of Para. 100.7 Satender Kumar
Antil vs. CBI (2022) 10 SCC 51;
(iii) The State must provide data with respect to the Training Programmes
held for Public Prosecutors in compliance of Order dt. 21.03.2023
passed by this Court.
(iv) The State must ensure compliance of Para I of the order dt. 13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
prisoners.
(v) The State must ensure compliance of Para. I of the order dt. 13.02.2024
and constitute District Level Empowered Committees specifically in
Districts Kendrapara and Phulbani (as per data provided by the High
Court of Odisha) and provide details of steps taken to consider the
request of the 2 Prisoners before the State Level Oversight Committee
as stated in Para 6 of the Compliance Report of the Learned Amicus dt.
03.08.2024 (which is based on the data provided by the High Court of
Odisha).
27. Union Territory of Puducherry - Directions to be complied with:
(i) The UT must ensure compliance of Para. I of the order dt.13.02.2024
passed by this Court and implement the SOP (constitution of an
25
‘Empowered Committee & an ‘Oversight Committee’) to help poor
prisoners.
28.1 High Court of Punjab and Haryana - Directions to be complied with:
(i)The High Court must ensure compliance of Para. 100.2 & 100.3 of Satender
Kumar Antil vs. CBI & Anr (2022) 10 SCC 51, by filing an updated
Tabular Chart after comparing the data provided by the States of Punjab
& Haryana and to report whether directions in Para. 100.3 were complied
with on account of non-compliance by the Police Officers in the Districts
mentioned in Para. 2 of the Compliance Report of the Learned Amicus dt.
03.08.2024, and whether such dereliction on the part of police officers
was brought to the notice of higher authorities by the concerned Courts;
(ii)The High Court must ensure full compliance of Para. 100.8 by providing
data with respect to the status of the applications pending u/s. 440(2) of
the CrPC, 1973 by the identified UTPs and the High Court must also
provide data on what other steps have been taken to alleviate the
situation of those UTPs who have not preferred any application u/s
440(2) CrPC, 1973, in District Courts in the State of Haryana.
29. State of Rajasthan - Directions to be complied with:
(i) The State must ensure full compliance of Para. 100.7 of Satender
Kumar Antil vs. CBI & Anr (2022) 10 SCC 51 and provide details of
26
steps taken in response to requests made by the High Court of
Rajasthan for creation of 928 Courts and upgradation of 7 Courts;
(ii) The State must provide data with respect to Training Programmes held
for Prosecutors as per directions of this Court in order dt. 21.03.2023;
(iii) The State must ensure compliance of Para. I of the order dt. 13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
prisoners.
29.1 High Court of Rajasthan - Directions to be complied with:
(i)The High Court must ensure full compliance of Para. 100.8 of Satender
Kumar Antil vs. CBI & Anr. (2022) 10 SCC 51 by providing data with
respect to what steps have been taken by the High Court and District
Courts to alleviate the situation of UTPs who cannot comply with bail
conditions apart from merely informing them about their right to file an
application u/s.440 CrPC, 1973.
30. State of Sikkim - Directions to be complied with:
(i) The State must provide details of action taken against the erring
officers in the 4 cases mentioned in Para. 6 of the Affidavit dt. 18.07.2024
to ensure full compliance of Para. 100.2 of Satender Kumar Antil vs.
CBI & Anr. (2022) 10 SCC 51;
27
(ii) The State must ensure compliance of Para. I of the order dt. 13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
prisoners.
30.1 High Court of Sikkim - Directions to be complied with:
(i) The High Court must ensure full compliance of Para. 100.2 & 100.3
with respect to District & Sessions Judge; Gangtok; Spl. Div-II,
Gangtok; JMFC, Gangtok, Judicial Magistrate, Rangpo (Pakyong
District); JM Rongli (Pakyong Distrcit); and JM Jorethang SubDivision, as there cannot be a “Yes” in the first two columns of “Table
A” as both situations cannot co-exist;
(ii) The High Court must ensure compliance with respect to application of
principles of Satender Kumar Antil vs. CBI & Anr., (2022) 10 SCC 51
to applications arising out of S. 438 CrPC, 1973 by Courts in the State
of Sikkim.
31. State of Tamil Nadu - Directions to be complied with:
(i) The State must ensure full compliance of Para.100.2 of Satender
Kumar Antil vs. CBI, (2022) 10 SCC 51 and provide clarification and
details with respect to the instances of non-compliances of Para.100.2
by Police Officers in Districts mentioned in Para. 2 of the Compliance
28
Report of the Learned Amicus dt. 03.08.2024 (which is based on the data
provided by the High Court of Madras) and provide details of action
taken against the said erring officers as mandated by Para.100.2;
(ii) The State must ensure full compliance of Para. 100.7 of Satender
Kumar Antil vs. CBI & Anr (2022) 10 SCC 51 and provide details
of steps taken to constitute Special Courts under POCSO Act,
NDPS Act, MP MLA Courts, SC/ST Act;
(iii) The State must ensure compliance of Para. I of the order dt.13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
prisoners.
32.1 High Court of Telangana - Directions to be complied with:
(i) The High Court must ensure compliance in terms of direction
contained in Para. 100.7, with respect to consultation with the State
Government for constitution of Special Courts and filling vacancies in
the existing District Courts and to furnish information on the steps
taken to comply with the same;
(ii) The High Court must ensure full compliance of Para. 100.8 & 100.9 by
providing data with respect to what steps have been taken by the High
Court and District Courts to alleviate the situation of UTPs who cannot
comply with bail conditions apart from merely informing them about
29
their right to file an application u/S.440 CrPC, 1973.
34. State of Uttarakhand - Directions to be complied with:
(i) The State must provide details of compliance of Para.100.4 of Satender
Kumar Antil vs. CBI & Anr. (2022) 10 SCC 51;
(ii) The State must ensure compliance of Para. I of the order dt.13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
prisoners.
34.1 High Court of Uttarakhand - Directions to be complied with:
(i) The High Court must provide details/clarification with respect to noncompliance of Para.100.2 in 1 case by the Court in Dehradun District;
(ii) The High Court must ensure compliance to the directions in Para.
100.7, with respect to consultation with the State Government for
constitution of Special Courts and filling vacancies in the existing
District Courts and to furnish information on the steps taken to comply
with the same.
35. State of Uttar Pradesh - Directions to be complied with:
(i) The State must provide a clarification and details with respect to the
instances of non-compliances of Para.100.2 by Police Officers in
30
District Farukkhabad (which is based on the data provided by the High
Court of Allahabad) and provide details of action taken against the said
erring officers as mandated by Para.100.2;
(ii) The State must ensure compliance of Para. 100.7 of Satender Kumar
Antil vs. CBI & Anr. (2022) 10 SCC 51;
(iii) The State must ensure compliance of Para. I of the order dated 13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
prisoners.
35.1 High Court of Allahabad - Directions to be complied with:
(i) The High Court must provide data, in conformity of orders dt.
03.02.2023 & 13.02.2024 [para. 35.1 (vii)], identifying any judicial
officers who are passing orders in non-conformity with the directions
issued by this Court in Satender Kumar Antil vs. CBI, (2022) 10 SCC
51 and to provide details as to the actions taken against such erring
officers, if any;
(ii) The High Court must provide data in order to show compliance with
para. 100.5, 100.6, 100.8, 100.9, 100.11;
(iii) The High Court must provide clarification and an explanation with
respect to non-compliance of Para.100.5 by the Special Judge, Anti31
Corruption, CBI- 5, Lucknow in orders dt. 24.07.2024 arising out of
Anticipatory Bail Application No.5384 of 2024 & Anticipatory Bail
Application No.5393 of 2024 in Sessions Case No. 1117 of 2024 [RC
No. 03(A)/2022];
(iv) The High Court must provide data indicating whether the District &
Sessions Judges are complying with the direction to apply principles of
Satender Kumar Antil vs. CBI (2022) 10 SCC 51 to applications
seeking anticipatory bail u/S. 438 CrPC.
36.State of West Bengal - Directions to be complied with:
(i) The State must ensure full compliance of Para. 100.7 by acting on the
requests made by the High Court of Calcutta for constituting Special
Courts under the POCSO Act;
(ii) The State must ensure compliance of Para. I of the order dt.13.02.2024
passed by this Court and implement the SOP (constitution of an
‘Empowered Committee & an ‘Oversight Committee’) to help poor
prisoners.
36.1High Court of Calcutta - Directions to be complied with:
(i) The High Court must ensure compliance of Para.100.2 & 100.3, as both
situations cannot co-exist (there cannot be a “Yes” in the first two
columns of “Table A” with respect to all districts);
32
(ii) The High Court must ensure compliance of para. 100.5 of Satender Kumar
Antil vs CBI & Anr. (2022) 10 SCC 51 in the following
Courts/Districts:
(a)South Andaman;
(b)North & Middle Andaman;
(c) Nicobar;
(d)DJ, Howrah;
(e) ADJ, Second Court, Howrah,
(f) ADJ, Fourth Court, Howrah,
(g)SPL. Judge (POCSO), Howrah,
(h)ADJ, First Court, Uluberiya,
(i) ADJ, FTC-(III), Howrah,
(j) ACJM, Uluberiya,
(k)ADJ, Ranaghat,
(l) ADJ, Fourth Court, Nadia
(m) CJ, Nadia,
(n)ACJM, Krish Nagar,
(o)JM, Third Court, Krish Nagar, Nadia,
(p)JM, Fourth Court, Krish Nagar, Nadia,
(q)JM, Second Court, Ranaghat, Nadia,
(r)JM, Third Court, Ranaghat, Nadia,
33
(s) ACJM, Kalyani,
(t) ACJM, Second Court, Kalyani,
(u)JM, Kalyani, Nadia,
(v)Principal Magistrate, JBB, Nadia
(iii) The High Court must ensure full compliance of para. 100.8 & para.
100.9 of Satender Kumar Antil vs CBI (2022) 10 SCC 51 by the Courts
in all districts, to the extent of providing details with respect to what
steps have been undertaken to facilitate the release of the said UTP’s as
directed in Para. 100.8.
37. Union of India - Directions to be complied with:
(i) The Union of India vide order dt. 13.02.2024 was already asked to
inform this Court as to whether any Bail Law (in terms of Para.100.1
of Satender Kumar Antil vs. CBI & Anr. (2022) 10 SCC 51) is in
contemplation or under preparation. However, no response has been
solicited from the Union of India with respect to the progress achieved
in specific reference to the preparation or framing of a Bail Law. Hence,
the Union of India shall file an affidavit to that effect indicating the
progress achieved in this regard.;
(ii) The Union of India must inform this Court as to whether any
assessment has been made to ascertain the requirement of creating
34
additional Special Courts (CBI) in Districts with high pendency of
cases, along with requisite data;
(iii) An SOP which was framed by the Central Government to alleviate the
situation of UTPs was already taken on record by this Court vide order
dt. 13.02.2024 and subsequently, directions were also issued. However,
it is unknown as to the extent to which the said SOP has been
implemented and given effect to. Hence, the Union of India shall file an
affidavit in order to indicate to this court as to the level, efficiency and
effectiveness of the implementation of the aforesaid SOP.;
(iv) The Union of India must provide specific details with respect to the
allocation of funds to all the States through the Central Nodal Agency
for effective implementation of the Scheme for support to poor
prisoners as laid down by this Court in Para. I of the order
dt.13.02.2024;
(v) The Union of India must clarify the concern raised by the State of
Punjab with respect to how the funds from SNA Account of Nodal
Officer are to be transferred to the beneficiaries (as per Para. 6 of
Affidavit dt. 30.07.2024 filed by the State of Punjab).
38. Central Bureau of Investigation - Directions to be complied with:
(i) The CBI must provide clarification regarding the details of non35
compliance of Para.100.2 by the erring Officer in CBI Case No.02 of
2023 before Special Judge (Anti-Corruption), CBI, Dehradun and to
provide details of action taken against the said erring officer;
(ii) The CBI must provide an updated and detailed Affidavit as required
vide order dt. 02.05.2023 in consonance with Model tabular chart be
filed.
H. We wish to take up this matter in a phased manner, keeping in view
the large number of parties. The case will be taken up on a
staggered basis. On 15.10.2024, the following parties in the table annexed
below will be heard. The remaining parties in the tabular chart annexed
at Page 9 of the Compliance Report of the Learned Amicus dt.
03.08.2024, will be heard on subsequent days after the initial hearing
fixed for 15.10.2024 takes place.
SR.
NO.
PARTIES WHO WILL BE HEARD ON
THE AFOREMENTIONED DATE
1. High Court of Andhra Pradesh
2. State of Andhra Pradesh
3. High Court of Allahabad
4. State of Uttar Pradesh
5. High Court of Bombay
6. State of Maharashtra
7. State of Goa
8.
Union Territory of Dadra & Nagar
Haveli and Daman & Diu
36
9. High Court of Calcutta
10. State of West Bengal
11.
Union Territory of Andaman and
Nicobar Islands
12. High Court of Chhattisgarh
13. State of Chhattisgarh
14. High Court of Delhi
15. NCT of Delhi
16. High Court of Gauhati
17. State of Arunachal Pradesh
18. State of Assam
19. State of Mizoram
20. State of Nagaland
21. High Court of Gujarat
22. State of Gujarat
(ASHA SUNDRIYAL) (POONAM VAID)
ASTT.REGISTRAR CUM PS COURT MASTER (NSH)
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