SUPREME COURT OF INDIA

Before:- G.B. Pattanaik, R.P. Sethi and B.P. Singh, JJ.

Writ Petition (C) No. 559 of 1994 with SLP (C) No. 14303-305 of 1998 CA No. 2468 of 1998, IA 1 in SLP (C)..(CC No. 5347 of 1998), Crl. A. No. 69 of 2000 and WP (C) No. 84 of 1998. D/d. 23.1.2002.

R.D. Upadhyay - Petitioner

Versus

State of Andhra Pradesh and others - Respondents

Constitution of India, Articles 45, 39(f), 42 and 47 read with 32, 142 and 144 - Creation of sufficient number of subordinate Courts as well as providing adequate infrastructure and filing up of the existing vacancies - Necessary direction with regard to the women undertrial prisoners/women convicts for their children how to be dealt with inside the jail, and - Arrangement required to be made for mentally unsound people, who are either undertrial prisoners or have been convicted.

[Para ]

Cases Referred :-

1. R.D. Upadhyay v. State of A.P., (2009) 17 SCC 561.

2. R.D. Upadhyay v. State of A.P., (2007) 15 SCC 49.

ORDER

G.B. Pattanaik, J. - In this batch of cases, three matters are required to be dealt with by this Court:

(1) Creation of sufficient number of subordinate courts as well as providing adequate infrastructure and filling up of the existing vacancies,

(2) necessary direction with regard to the women undertrial prisoners/women convicts for their children how to be dealt with inside the jail, and

(3) arrangement required to be made for mentally unsound people, who are either undertrial prisoners or have been convicted.

2. From the order-sheet and the documents appended, it appears that most of the information required by the Court is now available on record, but these three matters have to be approached and adjudicated upon separately. We therefore direct that the question of dealing with the children of women undertrial prisoners and women convicts be taken up as the first matter. The question of arrangement to be made for mentally unsound people/convicts or undertrial prisoners to be taken up as the second matter. Lastly, the question of creation of sufficient number of subordinate courts and providing appropriate infrastructure as well as filling up of the existing vacancies to be taken up as the last item.

3. The first matter may be listed on 13-3-2002, and after concluding hearing in the first matter, direction may be given in the second matter to enable us to dispose of the matter, as already stated.

4. In the meantime, the High Courts of Punjab and Haryana, Rajasthan, Maharashtra, Tamil Nadu, Bihar, Sikkim and Delhi to give their response pursuant to the Courts order dated 20-3-2001, R.D. Upadhyay v. State of A.P., (2009) 17 SCC 561 and 2-5-2001, R.D. Upadhyay v. State of A.P., (2007) 15 SCC 49. This may be done within two weeks from today.

5. The Home Secretary, Government of J&K is present in the Court. Further personal appearance is dispensed with.

6. No further orders need be passed for disbursement of the balance amount lying with the Court for the present.

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