SUPREME COURT OF INDIA

Before:- S.C. Agrawal, S. Saghir Ahmad and M. Srinivasan, JJ.

Writ Petn. (Civil) No. 559 of 1994. D/d. 17.3.1998.

R.D. Upadhyay - Petitioner

Versus

State of A.P. and others - Respondents

Criminal Procedure Code, 1973, Section 437 - Bail - Regarding to the Bail - Under-trial prisoners Supreme Court directions to Delhi Administration - Lapse of two years of the said order - Authorities directed to submit a report indicating the impact of directions on the general law and order situation in the capital.

[Paras 2, 3 and 4]

ORDER

By order dated March 19, 1996 this Court had given certain directions to the Delhi Administration in the matter of grant of bail in respect of under trial prisoners who are undergoing imprisonment in respect of various offences. Nearly two years have elapsed since the passing of the said order. This period would have given an idea to the authorities regarding the impact of the order on the general law and order situation. We, therefore, direct the Commissioner of Police, Delhi to submit a report in the form of an affidavit indicating the impact of the directions contained in the said order of this Court on the general law and order situation in the National Capital Region of Delhi. While submitting the said report the Commissioner will also indicate as to whether any of the persons who has been released in pursuance of this direction has repeated the offence after his release. The said affidavit may be filed within six weeks.

2. As regards the other State Governments/Union Territories to whom notices have been issued it is directed that each State Government/Union Territory shall file an affidavit indicating the present position relating to various categories of under-trial prisoners in the various jails in the State/Union Territories and the period of imprisonment undergone by the under-trial prisoners. The said affidavit shall be filed within six weeks.

3. Shri Kapil Sibal, the learned Amicus Curiae states that he will file a statement indicating how the various categories of offences should be dealt with in the matter of release of under-trial prisoners on bail.

4. As regards the question mentioned in the order dated January 20, 1997, namely grant of bail to prisoners who are under trial in respect of offences under the TADA after the expiry of the Act. Shri Sibal prays for some time to argue the matter. List the same on March 26, 1998.

5. I. A. No. 3 : Shri Vijay Panjawani, the learned counsel states that an affidavit on behalf of Union of India has been filed. That affidavit may be connected with I. A. No. 3. List the I. A. No. 3 also on March 26, 1998.

6. A copy of the I. A. No. 3 and the affidavit of Union of India be furnished to Shri Kapil Sibal, the learned Amicus Curiae and Shri Ranjit Kumar.

Order accordingly.