Full Judgment Text
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PETITIONER:
SHEELA BARSE
Vs.
RESPONDENT:
UNION BANK OF INDIA AND ORS.
DATE OF JUDGMENT05/09/1995
BENCH:
JEEVAN REDDY, B.P. (J)
BENCH:
JEEVAN REDDY, B.P. (J)
MUKHERJEE M.K. (J)
CITATION:
1995 SCC (5) 654 JT 1995 (6) 615
1995 SCALE (5)159
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
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 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,
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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.
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 Part-I (and Part-II, wherever
applicable) shall be communicated to the respective Legal
Aid Board in the High Court.
The High Court Legal Aid and Advice Board will assist
the High Court in the matter of monitoring compliance with
the orders and directions made by this Court. It will be
entitled to apply for such further orders and directions
from the High Court as may be found necessary in the
matters.
7. It is made clear that the High Courts to whom the
proceedings are being made over shall be fully free and
competent to pass such further orders and make such further
directions as they think appropriate in the light of the
facts and circumstances obtaining in that particular State
consistent with and to further the objectives underlying the
orders of this Court.
8. So far as the State of Assam is concerned, the High
Court shall ensure that the State of Assam complies with the
several suggestions made in the report of the Commissioner,
Sri Gopal Subramaniam, and the order made by this Court on
October 3, 1994 on the basis of the said report.
With the above directions, the matter is closed.
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