RECORD OF PROCEEDINGS
IA Nos. 20-38 with IA No. 3 in
Writ PETITION (CIVIL) No. 310/1996
PARKASH SINGH AND OTHERS Petitioner
(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
Date : 16/05/2008 These petitions
were called on for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE OF
INDIA
HON'BLE MR. JUSTICE H.K.SEMA
HON'BLE DR. JUSTICE P.P.NAOLEKAR
UPON hearing counsel the court
made the following
ORDER
As regards the implementation
of the various directions made by this Court in judgment dated
22.9.2006 Justice K.T.Thomas, former retired Judge of this Court
is suggested to be as Chairman of the Committee and two other
persons, one of the choice of Justice Thomas and the other as
recommended by the Ministry of Home Affairs (incorporating various
terms and conditions in the Committee). The Committee may file
the report by three months.
Terms and conditions which are
subject to the variation by the committee are as under :
1. To examine the affidavits filed
by the different States and the Union Territories in compliance
to the Court's directions with reference to the ground realities.
2. Advise the Respondents wherever
the implementation is falling short of the Court's orders, after
considering the Respondents' stated difficulties in implementation.
3. Bring to the notice of the Court any genuine problems the Respondents
may be having in view of the specific conditions prevailing in
a State or Union Territory.
4. Examine the new legislations
enacted by different States regarding the police to see whether
these are in compliance with the letter and spirit of this Hon'ble
Court's directions.
5. Apprise the Court about unnecessary
objections or delays on the part of any Respondent so that appropriate
follow up action could be taken against that Respondent.
6. Submit a Status report on compliance
to this Hon'ble Court every six months.
The Committee shall be provided
necessary infrastructure and required financial assistance by
the Government of India (the Ministry of Home Affairs/Bureau of
Police Research and Development (BPRD) to enable it carry on its
day to day functions. The Committee may, if necessary, visit a
particular State for discussing any matter relating to implementation
with officers of that State. Home Ministry is directed to deposit
Rs.10 lakhs with the Secretary General of Supreme Court towards
initial expenses of the Committee.
The Committee will function initially
for a period of two years only. This Hon'ble Court may, however,
extend its life span, if considered necessary.