ITEM NO.1 COURT NO.10 SECTION PIL(W)
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Writ Petition (Civil) No.867/2013
PARIVARTAN KENDRA & ANR Petitioner (s)
VERSUS
U.0.I & ORS Respondent (s)
(With appln.(s) for exemption from filing 0.T. and office report)
Date : 09/09/2015 This petition was called on for hearing today
CORAM :
HON'BLE MR. JUSTICE M.¥. EQBAL
HON'BLE MR. JUSTICE C. NAGAPPAN
For Petitioner (s)
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Colin Gonsalves, Sr. Adv.
Mangla Verma, Adv.
Jyoti Mendiratta,Adv.
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For Respondent (s) Irshad Ahmad, AAG
Abhisth Kumar ,Adv.
Som Raj Choudhary, Adv.
Sapam Biswajit Meitei, Adv.
Z.H. Isaac Haiding, Adv.
Ashok Kumar Singh, Adv.
Avijit Bhattacharjee,Adv.
Upma Shrivastava, Adv.
ER REE RRR
Cc. D. Singh,Adv.
Darpan Bhuyan, Adv.
Sakshi Kakkar, Adv.
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Mr. Manish Kumar, Adv.
Mr. Shreyas Jain, Adv.
For Mr. Gopal Singh, Adv
Mr. Guntur Prabhakar, Adv.
Ms. Prerna Singh, Adv.
Mr. Anil Shrivastav, Adv.
Mr. Rituraj Biswas, Adv.
Jogi Scaria, Adv.
Ramesh Babu M. R.,Adv. (Not Present)
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Mr. Ranjan Mukherjee,Adv.
Mr. S.C. Ghosh, Adv.
Mr. S. Bhowmick, Adv.
Mr. Balaji Srinivasan, Adv.
Mr. Nishant Katneshwarkar, Adv.
Mr. Tapesh Kumar Singh, Adv.
Mr. Mohd. Waquas, Adv.
Mr. Pinky Anand, ASG
Mr. S. Sharma, Adv.
Mr. Ajay Sharma, Adv.
Mr. D.L. Chidanand, Adv.
Mr. D.S. Mahra, Adv.
Mr. V. G. Pragasam,Adv.
Mr. Prabu Ramasubramanian, Adv.
Ms. Aruna Mathur, Adv.
Mr. Avneesh Arputham, Adv.
Mr. Yusuf, Adv.
For M/s Arputham Aruna & Co.
Ms. Vartika Sahya, Adv.
For M/s Corporate Law Group
Mr. K.V. Jagdishvaran, Adv.
Ms. G. Indira,Adv.
Mr. Rituraj Biswas, Adv.
Ms. Varsha Poddar, Adv.
Mr. Gopal Singh, Adv.
Ms. Jesal Wahi, Adv.
For Ms. Hemantika Wahi ,Adv.
Mr. Suryanaryana Singh, Adv.
Ms. Pragati Neekhra,Adv.
Ms. Rachana Srivastava,Adv.
Ms. Garima Srivastava, Adv.
Mr. Utkarsh Sharma, Adv
Mr. S.S. Shamshery, Adv.
Mr. Amit Sharma, Adv.
Mr. Yishu Prayash, Adv.
Ms. Ruchi Kohli,Adv.3
A. Marriputtam, Sr. Adv.
Sunita Shrama, Adv.
Meenakshi Grover, Adv.
Gaurav Sharma, Adv.
D.L. Chidanand, Adv.
Ms. Sushma Suri,Adv.
BREGE
Mr. P. Venkat Reddy, Adv.
Mr. Prashant Kumar Tyagi ,Adv.
For M/s. Venkat Palwai Law Associates
Geeta Luthra, Sr. Adv.
Sanjay Kumar Visen, Adv.
Ujjwal Jain, Adv.
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Atmaram N.S. Nadkarni, AG
. Dattaprasad Lawande, Adv.
S.S. Rebello, Adv.
Purna Bhandari, Adv.
Aurobindo Gomes Pereira, Adv.
Mr. Anshuman Srivastava, Adv.
RERER
UPON hearing the counsel the Court made the following
ORDER
Reference to be made to the order passed by this Court on
18.08.2015 which reads as under
“In spite of orders passed by this Court many times,
till date the States of Andhra Pradesh, Arunachal
Pradesh, Assam, Goa, Gujarat, Haryana, Jammu & Kashmir,
Karnataka, Kerala, Madhya Pradesh, Manipur, Mizoram,
Nagaland, Punjab, Rajasthan, Sikkim, Tamil Nadu,
Telangana, Tripura, Uttar Pradesh, Union Territories of
Chandigarh, Dadar & Nagar Haveli, Daman & Diu,
Lakshwadweep, NCT of Delhi and Puducherry had not
responded to the direction issued by this Court and not
filed counter affidavit. In the rejoinder to the
counter affidavit it is stated that the States having a
large number of incidents of acid attacks are the ones
who are yet to file the counter affidavit. Learned
counsel appearing for the States of Arunachal Pradesh,
Assam, Goa, Madhya Pradesh, Rajasthan, Telangana and
Tripura seek time for one/two week for filing counter
affidavit by way of last indulgence. Two weeks’ more
time, as a last chance, is granted to these States for
filing the counter affidavit. In the event, this order
is not complied with, then Chief Secretary of the
respective defaulting States and the Union Territories
shall appear in person before this Court on 09.09.2015,
the next date of hearing.”Mr. Ashok Mathur,learned counsel for the State of Jammu &
Kashmir, submits that he shall file counter affidavit during the
course of the day and also serve a copy thereof upon the learned
counsel for the petitioner. Let him do so.
In spite of the above order passed by this Court, till date
the States of Karnataka, Kerala, Madhya Pradesh, and Mizoram, have
not complied with the direction given by this Court and not filed
their respective counter affidavits
Learned counsel appearing for the States of Karnataka, Kerala,
and Madhya Pradesh, submit that they have not received vakalatnama
on behalf of their respective States and therefore, they pray for
an adjournment in the matter. Joint prayer made by the learned
counsel for adjournment is rejected.
Nobody has either appeared or filed counter affidavit on
behalf of the State of Mizoram.
It is therefore evident that the aforesaid States i.e.
Karnataka, Kerala, Madhya Pradesh and Mizoram, have not taken the
issues involved in the matter seriously and there appears to be a
deliberate and willful non-compliance of order passed by this Court
on 18.08.2015.
We, therefore, issue notice returnable on 23.09.2015 to the
concerned Chief Secretaries of the States of Karnataka, Kerala,
Madhya Pradesh and Mizoram, who have not appeared today to show
cause as to why contempt proceedings be not initiated against them
for non-compliance of this Court's order dated 18.08.2015. We
direct them to file their show causes within a period of two weeksfrom today.
We further direct that the concerned Chief Secretaries of the
States of Karnataka, Kerala, Madhya Pradesh and Mizoram shall
appear in person before this Court on the next date of hearing i.e.
23.09.2015.
List the matter on 23.09.2015.
(Sanjay Kumar-11) (Indu Pokhriyal)
Court Master Court Master