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Supreme Court - Daily Orders

Antarrashtriya Manav Adhikaar ... vs Union Of India on 4 December, 2018

Bench: Madan B. Lokur, Deepak Gupta, Hemant Gupta

     ITEM NO.3                     COURT NO.2                 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).    618/2013

     ANTARRASHTRIYA MANAV ADHIKAAR NIGRAANI PARISHAD            Petitioner(s)

                                             VERSUS

     UNION OF INDIA & ORS.                                      Respondent(s)

     WITH
     W.P.(C) No. 676/2013 (PIL-W)

     Date : 04-12-2018       These petitions were called on for hearing
                             today.

     CORAM :                 HON'BLE MR. JUSTICE MADAN B. LOKUR
                             HON'BLE MR. JUSTICE DEEPAK GUPTA
                             HON'BLE MR. JUSTICE HEMANT GUPTA

     For Petitioner(s)       Ms.   Shobha Gupta, AOR
                             Mr.   Sourav Roy, Adv.
                             Ms.   Devahuti Tamuli, Adv.
                             Mr.   Pritesh Kumar, Adv.

                             Mr.   Purushottam Sharma Tripathi, AOR
                             Mr.   Mukesh Kumar Singh, Adv.
                             Mr.   Ravi Chandra Prakash, Adv.
                             Ms.   Vani Vyas, Adv.
                             Mr.   Mohit Kaushik, Adv.
                             Mr.   Abhishik Tripathi, Adv.

     For Respondent(s)       Mr.   A.N.S. Nadkarni, ASG
                             Ms.   Kiran Suri, Sr. Adv.
                             Ms.   Kiran Bhardwaj, Adv.
                             Mr.   Ritesh Kumar, Adv.
                             Mr.   Gautam Sharma, adv.
                             Mr.   Abhishek Kumar, Adv.
                             Mr.   S. Wasim A. Qadri, Adv.
                             Mr.   Raj Bahadur Yadav, Adv.
                             Mr.   G.S. Makker, AOR
                             Mr.   B.V. Balramdas, Adv.
                             Mr.   Atulesh Kumar, Adv.
                             Mr.   Sachin Sharma, Adv.
                             Ms.   Snidha Mehra, Adv.
Signature Not Verified

Digitally signed by
DEEPAK GUGLANI
Date: 2018.12.04
                             Mr. Ashok Kumar Singh, AOR
17:18:22 IST
Reason:

     A.P.                    Mr. Guntur Prabhakar, Adv.


                                              1
                    Ms. Prerna Singh, Adv.

Arunachal Pradesh   Mr. Anil Shrivastav, AOR
                    Mr. Rituraj Biswas, Adv.
                    Mr. Satyendra Kumar Srivastav, Adv.

Assam               Mr. Shuvodeep Roy, AOR
                    Mr. Somnath Banerjee, Adv.

Bihar               Ms.   Abha R. Sharma, Adv.
                    Mr.   D.S. Parmar, Adv.
                    Mr.   Mahendra Singh, Adv.
                    Ms.   Anshruta Maheshwari, Adv.

Chhattisgarh        Mr. Jugal Kishor Gilda, Adv.
                    Mr. Aniruddha P. Mayee, AOR
                    Mr. Chirag Jain, Adv.

Goa                 Mr.   A.N.S. Nadkarni, ASG
                    Mr.   Arjun Vinod Bobde, Adv.
                    Mr.   Santosh Rebello, Adv.
                    Ms.   Richa Rehlan, Adv.
                    Mr.   Sarthak Bhatia, Adv.
                    Mr.   Rajat Joseph, Adv.

Gujarat             Ms.   Hemantika Wahi, AOR
                    Ms.   Jesal Wahi, Adv.
                    Ms.   Puja Singh, Adv.
                    Ms.   Vishakha, Adv.

Haryana             Dr. Monika Gusain, AOR
                    Ms. Manpreet Kaur Bhalla, Adv.

H.P.                Mr. Abhinav Mukerji, AAG
                    Mrs. Bihu Sharma, Adv.
                    Ms. Purnima Krishna, Adv.
                    Ms. Pratishtha Vij, Adv.

Jharkhand           Mr. Tapesh Kumar Singh, Adv.
                    Mr. Aditya Pratap Singh, Adv.

J&K                 Mr. G.M. Kawoosa, Adv.
                    Mr. M. Shoeb Alam, AOR

Karnataka           Mr. V. N. Raghupathy, AOR
                    Mr. Parikshit P. Angadi, Adv.
                    Mr. Lagnesh Mishra, Adv.

Kerala              Mr. G. Prakash, Adv.
                    Mr. Jishnu M.L., Adv.
                    Mrs. Priyanka Prakash, Adv.
                    Mrs. Beena Prakash, Adv.


                                   2
Manipur       Mr. Leishangthem Roshmani, Adv.

Meghalaya     Mr. Ranjan Mukherjee, AOR
              Mr. K.V. Kharlyngdoh, Adv.

Mizoram       Mr. K.N. Madhusoodhanan, Adv.
              Ms. Nitya Madhusoodhanan, Adv.

M.P.          Mr. Rajesh Srivastava, Adv.

Maharashtra   Ms. Deepa M. Kulkarni, Adv.
              Mr. Nishant R. Katneshwarkar, Adv.

Nagaland      Ms. K. Enatoli Sema, AOR
              Mr. Amit Kumar Singh, Adv.

Punjab        Mr. Karan Bharihoke, Adv.
              Mr. Kaushal Narayan Mishra, Adv.
              Ms. Navkiran Bolay, Adv.

Rajasthan     Mr.   Amit Sharma, Adv.
              Mr.   Ankit Raj, Adv.
              Ms.   Indira Bhakar, Adv.
              Ms.   Ruchi Kohli, AOR

Sikkim        Ms.   Aruna Mathur, Adv.
              Mr.   Avneesh Arputham, Adv.
              Ms.   Anuradha Arputham, Adv.
              Ms.   Geetanjali, Adv.
              For   M/S. Arputham Aruna And Co.

Telangana     Mr. P. Venkat Reddy, Adv.
              Mr. Prashant Kr. Tyagi, Adv.
              For M/S. Venkat Palwai Law Associates

Tamil Nadu    Mr. M. Yogesh Kanna, Adv.
              Ms. Sujatha Bagadhi, Adv.
              Mr. S. Raja Rajeshwaran, Adv.

Tripura       Mr. Shuvodeep Roy, Adv.
              Mr. Rituraj Biswas, Adv.

Uttarakhand   Ms. Rachana Srivastva, Adv.
              Ms. Monika, Adv.

W.B.          Mr.   Suhaan Mukerji, Adv.
              Ms.   Astha Sharma, Adv.
              Mr.   Amit Verma, Adv.
              Mr.   Abhishek Manchanda, Adv.
              Ms.   Kajal Dalal, Adv.
              Ms.   Dimple Nagpal, Adv.


                             3
              For M/s PLR Chambers & Co.

              Mr. D. Mahesh Babu, AOR

              Ms. Asha Gopalan Nair, AOR

              Mr. T. G. Narayanan Nair, AOR

A&N           Mr. Mrinal K. M., Adv.
              Ms. G. Indira, AOR
              Mr. K.V. Jagdishvaran, Adv.

Chandigarh    Mr. Chandra Prakash, Adv.
              Mr. Vivek Singh, Adv.
              Mr. Mohit Darud, Adv.

Lakshadweep   Ms.   Pinky Anand, ASG
              Mr.   Atulesh Kumar, Adv.
              Mr.   Sachin Sharma, Adv.
              Mr.   Pankaj Sharma, Adv.
              Mr.   Raj Bahadur, Adv.

Puducherry    Mr. V. G. Pragasam, AOR
              Mr. S. Prabu Ramasubramanian, Adv.
              Mr. S. Manuraj, Adv.

              Mr. B. Balaji, AOR

              Mr. Gopal Singh, AOR

              Mr. Mukesh Kumar Maroria, AOR

FCI           Ms. Indra Sawhney, AOR

              Mr. Suvendu Suvasis Dash, AOR

U.P           Mr. Upendra Mishra, Adv.
              Ms. Tanmaya Agarwala, Adv.

              Mr. Mishra Saurabh, AOR

              Mr. Shadan Farasat, AOR

              Mr. B. Krishna Prasad, AOR

              Mr. Chandra Prakash, AOR
              Mr. Mohit D., Adv.

              Ms. Anindita Pujari, AOR
              Ms. Aarti Kumar, Adv.

              Mr. T.N. Rama Rao,    Adv.


                             4
                       Mr. Hitesh Kumar Sharma, Adv.
                       Mr. T. Veera Reddy, Adv.

           UPON hearing the counsel the Court made the following

                                  O R D E R

The Mid Day Meal Scheme, which is of considerable benefit to the children in the country, is not being taken seriously by several States. Data has not been supplied and there are allegations made by the petitioner about food-grains disappearing and not reaching the schools and thereby denying the benefit of Mid Day Meal Scheme to children. We have been trying to get the States to render assistance and to upload all the data so that necessary corrective steps can be taken from time to time. In spite of several of our orders, there has been little or no co-operation from some of the States.

It has been pointed to us that on 26.10.2018 it was stated by learned counsel for the States of Andhra Pradesh, Arunachal Pradesh, Meghalaya and Odisha that they will comply with the requirements of the Mid Day Meal Scheme and provide necessary links to the satisfaction of learned counsel for the petitioner. More than a month has gone by and there has been absolutely no progress made by these States. Since the States have not supplied the necessary links or the details which are required for effective implementation of the Scheme, we have been left with no option but to impose costs for this totally unnecessary adjournment and for effectively denying benefits to the children of their States to which they are entitled.

Accordingly, we impose costs of Rs.1,00,000/- (Rupees One Lac 5 only) on the States of Andhra Pradesh, Arunachal Pradesh, Meghalaya and Odisha and direct that this amount be deposited with the Supreme Court Legal Services Committee within a period of four weeks for juvenile justice issues.

As far as the State of Jammu and Kashmir is concerned, we are reminded by learned counsel for the petitioner and learned counsel for the State of Jammu & Kashmir that on the last date of hearing (26.10.2018), it was shown to us on the mobile phone of learned counsel for the State of Jammu & Kashmir that there is a link that has been made available.

Today once again it is stated by learned counsel for the State of Jammu & Kashmir that link is there but it is not working. We do not see the value of a link that does not work.

Under these circumstances, we have no option but to impose costs of Rs.1,00,000/- (Rupees One lac only) on the State of Jammu & Kashmir. The amount be deposited with the Supreme Court Legal Services Committee within a period of four weeks from today for juvenile justice issues.

In so far as the NCT of Delhi is concerned, on the last date of hearing no one was present on behalf of the NCT of Delhi. Today learned counsel has put an appearance on behalf of NCT of Delhi but no information is available.

We, therefore, impose costs of Rs.2,00,000/- (Rupees Two lacs only) to be deposited with the Supreme Court Legal Services Committee within four weeks from today for juvenile Justice issues.

Learned counsel for the petitioner and the learned ASG request for some time with regard to formation / expansion of the Committee 6 and for agreed directions thereafter.

List the matter after four weeks.

(MEENAKSHI KOHLI)                        (KAILASH CHANDER)
  COURT MASTER                          ASSISTANT REGISTRAR




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