State of West Bengalon - Respondent
Rights of arrestee - Directions given by Supreme Court in D.K. Basu's case in this regard - Compliance report called for from various States - Some States given further time to file affidavit reporting about compliance of directions. [Paras 5 to 7]JUDGMENT
1. We have perused the compliance affidavits and the comparative chart prepared by the learned Amicus State of Tamil Nadu. 2. It appears that all the directions issued in D.K. Basu's case are being complied with. State of Gujarat 3. Ms. H. Wahi learned Counsel for the State of Gujarat submits that she would file a clarificatory affidavit with regard to the fourth direction within three weeks. Insofar as the other directions in D.K. Basu's case are concerned, those appear to have been complied with. State of Karnataka 4. Mr. K.R. Nagaraja learned Counsel for the State of Karnataka undertakes to file an affidavit indicating whether the directions (a), (g) and (k) are being complied with. It is also submitted that insofar as direction (n) is concerned, he shall seek instructions with regard to the proposal for constitution of State Human Rights Commission. State of West Bengal 5. Mr. Tapas Ray, learned Senior counsel appearing for the State of West Bengal submits that an additional affidavit shall be filed on behalf of the State reporting about the compliance of the directions (a), (b), (c), (e), (g), (i) and (k) issued in D.K. Basu's case, by the State. 6. We have perused the Office Report dated 27th January, 1999. It transpires that Mr. D.S. Mehra, learned Counsel has not filed the affidavit pursuant to the directions issued by this Court. Final opportunity is granted to him to file the necessary affidavit within two weeks. 7. Learned Counsel for the State of Sikkim prays for two weeks' further time to file the necessary affidavit. We grant his prayer. 8. On behalf of State of Himachal Pradesh, the costs imposed on 24th October, 1998 have been deposited in the Registry. The amount of Rs. 5,000/- deposited by the State of Himachal Pradesh shall be paid to Ms. Suruchi Aggarwal, advocate. 9. On the next date, cases relating to States of Maharashtra, Punjab, Orissa and Andhra Pradesh shall be taken up for consideration. 10. Matter to be listed on a date in consultation with the learned Amicus Curiae. .