Supreme Court - Daily Orders
State Of Karnataka By Nonavinakere ... vs Shivanna @ Tarkari Shivanna on 2 April, 2014
@’ITEM NO.3 COURT NO.9 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl) No(s).5073/2011
(From the judgement and order dated 19/01/2010 in CRLA
No.1215/2006, of The HIGH COURT OF KARNATAKA AT BANGALORE)
STATE OF KARNATAKA BY NONAVINAKERE POLIC Petitioner(s)
VERSUS
SHIVANNA @ TARKARI SHIVANNA Respondent(s)
(With appln(s) for c/delay in filing SLP,c/delay in refiling SLP and
office report)
Date: 02/04/2014 This Petition was called on for hearing today.
CORAM :
HON’BLE MRS. JUSTICE GYAN SUDHA MISRA
HON’BLE MR. JUSTICE M.Y. EQBAL
For Petitioner(s) Mr. V.N. Raghupathy,Adv.
For Respondent(s) Mr. Siddharth Luthra, ASG
Mr. A.K. Kaul, Adv.
Mr. P.K. Dey, Adv.
Mr. B.V. Balaramdas, Adv.
Ms. Pragati Neekhra ,Adv
Mr. Ranjan Mukherjee ,Adv
Mr. Ardhendumauli Kumar Prasad ,Adv
Mr. Kamal Mohan Gupta ,Adv
Mr. V.N. Raghupathy ,Adv
Mr. D. Mahesh Babu ,Adv
Mr. B. Krishna Prasad ,Adv
Ms. Liz Mathew ,Adv
Mr. Anip Sachthey ,Adv
Mr. T.G. Narayanan Nair ,Adv
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Mr. Shankar Chillarge, Addl.Govt.Adv.
Mr. Aniruddha P. Mayee ,Adv
UPON hearing counsel the Court made the following
O R D E R
Having heard the learned Additional Solicitor General Mr. Siddharth Luthra who has taken us through the response of the Law Commission of India incorporated in its affidavit filed in pursuance of the show cause notice issued to it as also all the State Law Commissions, we are of view that a notice be further issued to the Members of the Bar through the Supreme Court Bar Association so as to address this Court on the important issues involved herein regarding the response on the amendments suggested to be incorporated in the Code of Criminal Procedure, 1973 relating to investigation of the cases of rape/gangrape registered under Section 376 of the Indian Penal Code as also for other heinous offences as to why the statement of the victim of the crime and the witnesses as also the version of the accused be not recorded before a Judicial Magistrate so as to lend credibility to the evidence collected during the investigation of a particular heinous offence. The Law Commission of India has submitted its response on the proposed suggestions indicating the the pros and cons and its impact on the proposed suggestions.
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:3:Considering the importance and seriousness of the subject involved, we deem it appropriate to appoint an Amicus Curiae to assist this Court on the issue involved. Specific name of the Amicus Curiae may be considered on the next date and we grant liberty to the Additional Solicitor General to ascertain from those whose names have been suggested by him as to whether it would be acceptable to them to assist the Court in this regard.
Notice therefore be issued and served on the Members of the Bar through the Supreme Court Bar Association by displaying it on its notice board or any other mode making it returnable by 11th April, 2014 and the matter be posted again on 15th April, 2014. Notice be served along with a copy of the response of the Law Commission of India. In addition the copies of the orders dated 30.08.2013 and 03.09.2013 passed by this Court may also be annexed with the copy of the notice and be shown on the website of the Supreme Court Bar Association of India along with the Law Commission of India’s response/affidavit so as to enable the counsels to comprehend the issues involved in the matter and assist the Court if they so please.
(Usha Bhardwaj) [S.S.R. Krishna] A.R.-cum-P.S.) Assistant Registrar