| Headnote |
Code of Criminal Procedure, 1973 – ss. 41, 41A, 438, 440, 88, 170, 204, 209, 436A – Supreme Court Directions – Compliance of directions by the States, Union Territories and CBI Requirement of: Held: The directions contained in para 100.2, 100.4, 100.7 of Satender Kumar Antil and also the directions to public prosecutors in terms of order dated 21.03.2023 of the Supreme Court are required to be complied with by States, Union Territories and CBI as per the time schedule stipulated – So far as the directions in para 100.2, 100.3, 100.5, 100.6, 100.7, 100.8, 100.9, 100.10, 100.11 of Satender Kumar Antil; the direction dated 03.02.2023 for inclusion of the judgment in Siddharth v. State of UP and Satender Kumar Antil in the curriculum of judicial academies and the direction dated 21.03.2023 for application of the judgment in Satender Kumar Antil to s.438 of CrPC, by and large apply to High Courts. [Paras E and F] Code of Criminal Procedure, 1973 – ss. 41, 41A, 438, 440, 88, 170, 204, 209, 436A – Supreme Court Directions – Details of directions to be complied with by the States, High Court, Union of India and CBI. [Para F, 1-38] Directions by Supreme Court – Directions issued to NALSA: Held: (i) In terms of the order dated 02.05.2023, NALSA shall supply updated information with regard to para 100.8 and 100.10 in Satender Kumar Antil; (ii) NALSA shall inform the follow-up action taken by NALSA and State Legal Services Authorities of the States and Union Territories as provided to NALSA by various authorities including the State governments and Union Territories; (iii) In order to provide to adequate updated information, all the States and Union Territories directed to cooperate with NALSA. [Para F, 39] Directions by Supreme Court – Standard Operating Procedure (SOP) – Undertrial Prisoners – Convicted Prisoners: Held: (i) A document titled “Guidelines and standard operating procedure for implementation of the scheme for support to poor prisoners” taken on record and made part of this Order; (ii) In furtherance of the subsequent orders passed by this Court on ancillary issues concerned with training public prosecutors and including judgments of this Court in the Curriculum of State Judicial Academies, a further direction on an SOP framed by Central Government need to be passed – The SOP if put in place by the Central Government, will indeed alleviate the situation of under trial prisoners by way of establishment of a dedicated empowered committee and funds etc.; (iii) For benefit of the under-trial prisoners, the SOP in its entirety is extracted in the present order. [Para I] Directions by Supreme Court – E-mail ID: Held: A dedicated email id to be created, so that the reports are saved or exchanged simultaneously – E-mail id to be used hereafter for serving and receiving affidavits/reports. [Para J] |
