Barse Vs. Union Bank of India & Ors  INSC
464 (5 September 1995)
Reddy, B.P. (J) Jeevan Reddy, B.P. (J) Mukherjee M.K. (J)
1995 SCC (5) 654 JT 1995 (6) 615 1995 SCALE (5)159
O R D
letter from Ms. Sheela Barse addressed to the Hon'ble Chief Justice of India
with respect to the deplorable conditions in which mentally ill and insane
women were locked up and kept in Presidency jail, Calcutta, was registered as a
writ petition and certain orders passed.
Ms.Sheela Barse withdrew from the matter. In her place, the Supreme Court Legal
Aid Committee was substituted. Several orders were passed by this Court from
time to time. Commissioners were also appointed to investigate and report on
the conditions obtaining in places where women and children were being
detained. Over the years, this Court has also been monitoring the
implementation of its orders.
this matter was placed before us on August 21, 1995, it was suggested by Sri S.
Muralidhar, learned counsel for the petitioner (Supreme Court Legal Aid
Committee) and also by some of the learned counsel appearing for the
respondents that it would be appropriate if the function of monitoring the
implementation of the several orders passed by this Court is made over to
respective High Courts. It was suggested that each High Court be requested to
monitor and ensure proper and full implementation of the orders of this Court
insofar as that particular State is concerned. We found the suggestion acceptable.
Sri Muralidhar, learned counsel for the petitioner and Sri Harish Salve,
learned counsel for the respondents have placed before us their suggestions.
The following orders are made after hearing the learned counsel:
office shall prepare requisite number of sets of the record of this case. The
record shall be in two parts.
shall contain the letter written by Ms. Sheela Barse (along with the enclosures
thereto), the orders passed by this Court from time to time arranged in proper
sequence and the reports of the Commissioners appointed by this Court, again in
their proper sequence.
office shall separate the affidavits, counter affidavits, rejoinders and
further affidavits, if any, along with their annexures with respect to each
there are any affidavits, reports or other documents filed by the Union of
India, the same may be included in each of such sets. This shall be treated as
Part-II of the record. Obviously, it will be separate for each State concerned
cost of preparing both Parts-I and II shall be borne by the Union of India.
After the record is prepared as directed above, the cost thereof shall be
intimated to the learned counsel for the Union of India in this case who shall
communicate the same to the concerned authority. The payment shall be made into
the office of this Court within three months there from.
office shall communicate a copy of Part-I to each of the High Courts. Along
with Part-I, Part-II relating to that particular State shall also be enclosed.
High Courts are requested to register the record so received by them as a
Public Interest Litigation. The Hon'ble Chief Justice of each of the High
Courts is requested to designate a Judge of that Court to deal with the matter.
The High Court shall make all such necessary and appropriate orders as may be
warranted, from time to time, for a proper implementation of the orders of this
Court. The High Court shall also be free to pass such other and further orders
as may be found necessary or appropriate to protect and improve the conditions
obtaining in places where women and children - not accused or convicted of any
crime - are detained.
High Court Legal Aid Committee of each of the High Courts shall be treated as the
petitioner in the matter in that High Court. Copies of Part-I (and Part-II,
wherever applicable) shall be communicated to the respective Legal Aid Board in
the High Court.
High Court Legal Aid and Advice Board will assist the High Court in the matter
of monitoring compliance with the orders and directions made by this Court. It
will be entitled to apply for such further orders and directions from the High
Court as may be found necessary in the matters.
is made clear that the High Courts to whom the proceedings are being made over
shall be fully free and competent to pass such further orders and make such
further directions as they think appropriate in the light of the facts and
circumstances obtaining in that particular State consistent with and to further
the objectives underlying the orders of this Court.
far as the State of Assam is concerned, the High Court shall ensure that the
State of Assam complies with the several suggestions made in the report of the
Commissioner, Sri Gopal Subramaniam, and the order made by this Court on October 3, 1994 on the basis of the said report.
the above directions, the matter is closed.