Supreme Court - Daily Orders
Voluntary Health Ass. Of Punjab vs Union Of India . on 19 August, 2015
Bench: Dipak Misra, R. Banumathi
ITEM NO.2 COURT NO.5 SECTION PIL(W)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 349/2006
VOLUNTARY HEALTH ASS. OF PUNJAB Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(with appln. (s) for clarification and directions and exemption
from filing O.T. and further direction and impleadment as party
respondent and permission and office report)
WITH
SLP(Crl) No. 5800/2013
(With Office Report)
W.P.(C) No. 575/2014
(With Office Report)
Date : 19/08/2015 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPAK MISRA
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s) Mr. Divya Jyoti Jaipuriar, Adv.
Ms. Jyoti Mendiratta, AOR
SLP 5800/13 Ms. Ruchi Kohli, AOR
WP 575/14 Mr. Kapil Joshi, Adv.
Ms. Manju Sharma Jetley, AOR
For Respondent(s) Mr. N.K. Kaul, ASG
Mr. S. Wasim A. Qadri, Adv.
Mr. Ajay Sharma, Adv.
Ms. Binu Tamta, Adv.
Ms. Sunita Sharma, Adv.
Signature Not Verified
Mr. Ajay Sharma, Adv.
Digitally signed by
Mr. S.S. Rawat, Adv.
Gulshan Kumar Arora
Date: 2015.08.21
15:20:03 IST
Mr. D.S. Mahra, AOR
Reason:
Chhattisgarh Ms. Bansuri Swaraj, Adv.
Mr. Annirudh Sharma, Adv.
Mr. Raghunatha S. Pattey, Adv.
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Mr. A.P. Mayee, Adv.
U.P. Mr. Ranjit Rao, AAG
Mr. Abhisth Kumar, AOR
Jharkhand Mr. Anil Kumar Jha, AOR
Mr. R.K. Ojha, Adv.
Arunachal Pradesh Mr. Anil Shrivastav, Adv.
Mr. Rituraj Biswas, Adv.
Tripura Mr. Gopal Singh, Adv.
Mr. Rituraj Biswas, Adv.
Mr. Anip Sachthey, AOR
Ms. Shagun Matta, Adv.
Ms. Nancy Wadhwa, Adv.
Mr. Arun K. Sinha, AOR
Mr. Arvind Kumar Sharma, AOR
Manipur Mr. Sapam Biswajit Meitei, Adv.
Mr. Z.H. Isaac Haiding, Adv.
Mr. S. Vigyanand Sharma, Adv.
Mr. Ashok Kumar Singh, AOR
Mr. Avijit Bhattacharjee, AOR
Nagaland Mrs. K. Enatoli, Sema, Adv.
Mr. Amit Kumar Singh, Adv.
Mr. Balaji Srinivasan, AOR
Tamil Nadu Mr. B. Balaji, AOR
Mr. Rakesh Sharma, Adv.
Mr. R. Shase, Adv.
Mr. B. S. Banthia, AOR
Mr. D. Mahesh Babu, AOR
Mr. D.S. Mahra, AOR
Mr. Gaurav Kejriwal, AOR
Bihar Mr. Gopal Singh, AOR
Mr. Manish Kumar, Adv.
Mr. Tanmaya Agarwal, Adv.
Mr. Jatinder Kumar Bhatia, AOR
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Mr. Jay Kishor Singh, AOR
Mr. Milind Kumar, AOR
Mr. P. N. Gupta, AOR
Mr. P. V. Dinesh, AOR
Mizoram Mr. T.L.V. Ramachari, Adv.
Mr. Pragyan Sharma, Adv.
Mr. Shikhar Garg, Adv.
Mr. P.V. Yogeswaran, AOR
Meghalaya Mr. Ranjan Mukherjee, AOR
Haryana Mr. Dinesh Chander Yadav, AAG
Dr. Sukhdev Sharma, Adv.
Mr. Sanjay Kumar Visen, AOR
Mrs. B. Sunita Rao, AOR
Mr. Shibashish Misra, AOR
Mr. Shriram P. Pingle, AOR
Mr. Sunil Fernandes, AOR
Mr. T. Harish Kumar, AOR
Mr. T.V. George, AOR
Puducherry Mr. V.G. Pragasam, AOR
Mr. Prabu Ramasubramania, Adv.
Mr. V. N. Raghupathy, AOR
Ms. Anitha Shenoy, AOR
Ms. C.K. Sucharita, AOR
Ms. Vartika Walia, Adv.
For for M/s Corporate Law Group
Mr. K.V. Jagdishvaran, Adv.
Ms. G. Indira, AOR
Gujarat Ms. Hemantika Wahi, AOR
Ms. Jesal Wahi, Adv.
Ms. Puja Singh, Adv.
Ms. Vinakshi Kadan, Adv.
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Mr. R. Balasubramaniam, Adv.
Mr. K.V. Jagdishvaran, Adv.
Mrs. G. Indira, Adv.
Ms. Kamini Jaiswal, AOR
H.P. Mr. Suryanarayana Singh, AAG
Ms. Pragati Neekhra, AOR
Ms. Rachana Srivastava, AOR
Rajasthan Mr. S.S. Shamshery, Adv.
Mr. Amit Sharma, Adv.
Mr. Yishu Prayash, Adv.
Ms. Ruchi Kohli, AOR
Ms. Sushma Suri, AOR
Mr. Merusagar Samantaray, AOR
MCI Mr. Gaurav Sharma, AOR
Ms. Amandeep Kaur, Adv.
Mr. Prateek Bhatia, Adv.
Mr. A. Mariaputham, Advocate General
Ms. Aruna Mathur, Adv.
Mr. K. Vijay Kumar, Adv.
For M/s. Arputham Aruna & Co.
Mr. Ramesh Babu M.R., Adv.
Ms. Swati Setia, Adv.
J & K Mr. G.M. Kawoosa, Adv.
Mr. Ashok Mathur, Adv.
Punjab Mr. Ajay Bansal, AAG
Mr. Gaurav Yadav, Adv.
Mr. Ram Naresh Yadav, AOR
Mr. R.R. Rajesh, Adv.
Telengana Mr. S. Udaya Kumar Sagar, Adv.
Mr. Krishna Kumar Singh, Adv.
Maharashtra Mr. Mahaling Pandarge, Adv.
Mr. Nishant Katneshwarkar, AOR
Mr. Pushpinder Singh, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
We have been apprised by Mr. Manish Kumar, learned counsel for the State of Bihar and Ms. Pragati Neekhra, learned counsel for the State of Himachal Pradesh that they have rectified the defects pointed out by the National Inspector and Monitoring Committee (the Committee). The Committee shall scrutinize the rectifications and file the report before us within two weeks from today. That apart, the Committee shall also file a status report as regards the other States and also its concerns which would also include whether the Committee is getting cooperation from the States.
As far as the State of Bihar is concerned, the direction was issued that the cases which have been pending before the trial court should be disposed of positively by the end of October 2015. Mr. Manish Kumar, learned counsel appearing for the State of Bihar submitted that he has no instructions in this regard. The State is the prosecutor and, therefore, the State has an obligation to have the information. Regard being had to the same, we direct the Principal Secretary (Health), in consultation with other departments, shall file an affidavit within two weeks from today as regards all such cases pending for trial.
A report be called for from the Director of Bihar Judicial Academy about the training imparted to the authorised officers under the Act. Whether they have been imparted training or not and, if not, the reason should be indicated. We have so directed, for vide order dated 06.05.2015, we had directed the Chief Secretaries of the States to see to it that the competent authorities are guided by the schedule filed by the High Court.
Be it stated, initially, we had directed for verification of the data given in respect of four States, namely, Tamil Nadu, Rajasthan, Himachal Pradesh and Bihar. We have been apprised that some more States have left out. Regard being had to the same, the Committee shall verify the data of States of Orissa, West Bengal, Chhattisgarh and Jharkhand. The authorities of the State Governments shall cooperate with the Committee.
Let the matter be listed on 15.09.2015.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master