SUPREME COURT OF INDIA

Before:- B.N. Kirpal, V.N. Khare and M.B. Shah, JJ.

I.A. Nos. 477 and 478 in I.A. No. 424 in W.P. (C) No. 202 of 1995 With I.A Nos. 480 and 481. D/d. 27.8.1999.

T.N. Godavarman Thirumulpad - Petitioner

Versus

Union of India and Others - Respondent

Environment and Forests - Why proceedings should not be initiated for contempt of Court - Notice to be served through the State of Madhya Pradesh - Notice also to issue to DFO, Sagar to file an affidavit stating as to how and under whose orders the office of the DFO opened on the night of 15th August, 1999 and what action, if any, has been taken pursuant to the incident which had occurred therein.

[Para ]

Cases Referred :-

T. N. Godavarman Thirumulpad v. Union of India, 1999(5) Scale 189.

JUDGMENT

B.N. Kirpal, J. - Report has been filed by Shri Kewal Singh, Superintendent of Police, C.B.I./A.C.B., Jabalpur. The same is taken on record. The said Report refers, in paragraph 14 thereof, to an order of the Chief Judicial Magistrate, Damoh who had directed the persons accused before him to be examined by a Medical Board consisting of three doctors. The said report, was submitted. The learned Additional Solicitor General has drawn our attention to the same. A copy of the said report is placed before us. The same is taken on record. Copy be also given to the Amicus Curiae and the State of Madhya Pradesh.

2. 1.A. No. 480 - Notice to issue to Add Superintendent of Police Shri Kara, City Superintendent of Police Shri Sen, Town Inspector Shri Tiwari, SHO Shri Hempal Singhai, SI Shri Vinod Chobey and SI SHn Sharma to Show cause why proceedings should not be initiated against them for contempt of court. Notice to be served through the State of Madhya Pradesh.

3. Notice also to issue to Shri A K. Bhat, DFQ Sagar to file an affidavit stating as to how and under whose orders was the office of the DFO opened on the night of 15th August, 1999, and what action, if any he has taken pursuant to the incident which had occurred therein.

4. The State of Madhya Pradesh should also, on the next date of hearing, file an affidavit indicating as to what is their stand.

5. Notice to be returnable on 6th September, 1999.

6. The Advocate General. M.P. drew our attention to the fact that the Lokayukta, M.P. is also inquiring in the matter concerning I.A. 424 and I.A. 480. The pendency of these proceedings cannot under any circumstance be regarded as inhibiting the Lokayukta from carrying on his inquiry. Any report which he submits can only be of assistance- to this Court.

7. Name wrongly typed as "Shri N.K. Sharma", Addl. I.G.. (Forest), Ministry of Environment, New Delhi, in our earlier orders, be read as "Shri M.K. Sharma."

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