The Tripura High Court disposed of a Suo Motu Public Interest Litigation (PIL) related to the attack on the residence of Biplab Kumar Deb, the former Chief Minister and Rajya Sabha MP.

This is a matter relating to a news item published on January 4, 2023 in local newspapers with regard to attacking the residence of Biplab Kumar Deb at Jamjuri, Udaipur, South Tripura.

The gist of the news item were that on 03.01.2023 when the annual rituals commemorating the death anniversary of Deb’s father was going on, a group of CPIM assailants ransacked and damaged a vehicle and two-wheelers which were parked near Deb’s house. There was an advocate and some priests from outside State who came to attend the ceremony and perform rituals. The attack sparked chaos and tension among the common people who were well aware that the death anniversary function would be held at Deb’s house on the given date. It was assumed the miscreants decided to attack Deb’s house in a planned manner to scare people and create disturbances in the area.

The court took suo motu cognizance of the matter and directed the Secretary, Department of Home, Government of Tripura to file a reply on that report. As per direction of the High Court, an affidavit-in-reply has been filed by the Secretary, Home Department, Government of Tripura.

S. S. Dey, Advocate General, submitted that in connection with these incidents, several cases were registered at Kakraban Police Station on written complaints and one case was registered suo motu. During the investigation, one person was arrested. On the basis of evidence, further investigation of cases are going on, including with regard to damaging and setting fire of one fish feed shop and a sweet shop at the place of occurrence.

Dey assured the court that the investigations are being looked after by the SDPO himself and it will be expeditiously investigated and will submit chargesheet or Final Report in accordance with law. It was media reports and there were clashes between two rival political groups. Nobody will be spared and they will not be allowed to go scot-free. He further submitted that neither the house of the particular person was attacked nor the rituals in anyway got hampered. Finally, he prayed for closing the PIL.

The Division Bench of Acting Chief Justice T. Amarnath Goud and Justice Arindham Lodh however expressed its concern on the incident and the manner in which it has occurred.

“It is unrealistic when a person of former Chief Minister and presently Member of Parliament (Rajya Sabha) with “Z Plus” category security, and when the programme is well informed the security arrangements, sensitizing of threat perception, law and order situation needs to be reviewed,” observed the High Court.

But in this present scenario, the Court noted that the police department could have been more diligent. “Such incidents would give scope for a citizen to comment upon the competence of the police department.”

In view of the above, the court directed the Home Secretary to hand over the responsibility of these cases to Superintendent of Police having jurisdiction for investigation and to file appropriate reports in accordance with law before competent court and authority.

The Manipur High Court recently closed a Suo Motu Public Interest Litigation (PIL) pertaining to the maintenance and development of Kangla Fort complex in Imphal.

When this matter was admitted on July 31, 2018, a Division Bench pointed out that the preliminary issue to be addressed in this case is the removal of plastic and other degradable/non-degradable waste from Kangla Fort complex. Further, the Bench was also concerned as to the steps to be taken for improvement of the environment inside the complex.

Status Reports were filed by the authorities from time to time setting out the steps taken by them in this regard.

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Reply affidavit dated December 10, 2021 was filed by the Superintendent, State Archaeology Department, Government of Manipur, along with photographs. Therein, he stated as under: During the Covid-19 pandemic, restrictions were placed on entry of visitors/tourists into the complex but, at present, they are being allowed on all days except Monday.

The roads inside the complex are cleaned on daily basis and the water bodies are kept clean, by tending to the grasses on the embankment and by removal of algae. Aeration of the water is also performed on regular basis. The gardens inside the complex are being maintained properly and so too, the lawns and monuments. Dustbins have been provided in crowded areas at regular intervals. A large Board has been put up near the entrance, elucidating the ‘Do’s and Don’ts’ inside the complex, including the banning of plastic etc. Private sweepers/labour are hired for undertaking the cleaning inside the complex. The photographs filed with this affidavit bear out that steps are being taken to maintain the complex properly, noted the Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran.

While considering the PIL, the Court said that Kangla Fort is a major attraction for visitors and tourists. It is one of the most beautiful spots in Imphal city. It is for the State authorities to be mindful of this fact and take all suitable measures to maintain and perpetuate the beauty of all that lies within this complex, including the monuments, trees and water bodies.

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“We are satisfied that proper steps are being taken for this purpose at the moment. This PIL case is accordingly closed, reiterating and affirming that the State authorities must always be mindful of the importance of this complex and take all necessary measures to maintain its pristine glory,” the order reads.

The Bombay High Court has directed the Collector of Gondia district and other officers to remain present before the High Court on January 5, 2022 for the hearing of a suo motu PIL on the survival of Sarus Crane as a bird species in India.

The Division Bench of Justice Sunil B. Shukre and Justice Anil L. Pansare observed the petition gives details of the dwindling habitat of Sarus Crane and the challenges faced by the authorities in conserving and protecting this species of bird, which is stated to be the tallest flying bird in the world. The petition also stated that the only habitat of this bird left in Maharashtra is in the districts of Gondia and Bhandara.

Radhika Bajaj, Amicus Curiae, submitted that even the small habitat of Sarus Crane is now under serious threat. She informed the High Court that the carcass of one Sarus Crane was found near Gondia recently. She invited the attention of the High Court to a news item published in a local daily on December 14, 2021.

On going through the news item, the Bench noted that the decomposed carcass of an adult Sarus Crane was found near Paraswada Lake, Gondia. It is further noted by the Court that this bird was noticed by the locals as being in an injured condition a few days before the sad news came.

“The most disturbing part of this news is that another partner of the dead Sarus Crane bird, if alive, would also die as the Sarus Crane birds are known to live in pairs with the same partner over their whole life. It is not known as to what were the causes of the death of Sarus Crane. This loss, in our opinion, is a further blow to the dwindling population of Sarus Crane,”

-observed the Bench.

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In this case, notice was issued by the High Court on September 15, 2021. In a matter like this, it was expected by the High Court that the respondents who represent the State Government will file their reply promptly but they have not. The Government Pleader is also absent on Wednesday. Later on, however,  a Government Pleader appeared. They have no instructions as to why so far no reply is filed at least by the forest authorities. None of these authorities is present before the High Court.

This approach, on the part of the respondents, the High Court is pained to note, is not consistent with the goal of conservation and preservation of environment and forest and, therefore, the Court directed the Collector, Conservator of Forests, Principal Chief Conservator of Forests, Deputy Conservator of Forests of Gondia District and Executive Engineer of Gondia Irrigation Division to remain present before the High Court on January 5, 2022 at 2.30 p.m.

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At this stage, the Government Pleader pleaded that as on next date reply would be filed, it may not be necessary for the officers to remain present. The Bench replied that this not being an adversarial litigation, it was expected of the officers to assist the Court and the cause in public interest.

“But, this Court is yet to see the assistance coming forth and to worsen the situation, another Sarus Crane has bitten the dust. Then, there are no clear instructions to learned Government Pleader about the date by which the reply would be filed. In these circumstances, we deem the presence of officers necessary. The request is rejected,”

-ordered the High Court.

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The Gauhati High Court on December 16 registered a Suo Motu PIL on the issue of indiscriminate felling of trees in Aizawl.

The Aizawl Division Bench of Justice Nelson Sailo and Justice Marli Vankung noted that that many trees within the city of Aizawl, particularly in and around Chlatlang, Bethel Veng, next to the District Institute of Education Training, Aizawl (DIET) are being felled indiscriminately.

It is also brought to the notice of the Court that in a recent survey conducted in various cities of the country, Aizawl city has been adjudged amongst those cities having the best air quality.

The Court held that it is a common knowledge that the felling of trees indiscriminately may lead to environmental imbalance, leading to soil erosion amongst others.

“As such, the indiscriminate felling of trees has caused a great concern to the environmental imbalance in and around the city,”

-said the Court.

The Bench accordingly directed the Registry to register the instant case as a PIL by arraying the following as the respondents:- (1) The State of Mizoram, represented by the Chief Secretary to the Govt. of Mizoram. (2) Secretary to the Govt. of Mizoram, Forest, Environment & Climate Change Department (3) Secretary to the Govt. of Mizoram, Public Works Department. (4) Secretary to the Govt. of Mizoram, Education Department. (5) The Principal Conservator of Forest, Forest, Environment & Climate Change Department, Mizoram, Aizawl.

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The Court further issued notice to the respondents.

It is further directed by the Court to the Secretary of the Mizoram, Forest, Environment & Climate Change Department to file an affidavit on the concern raised in this PIL by the next date.

“We are also compelled to pass an interim order to the effect that until the next returnable date, the respondent authorities shall ensure that no trees are felled in and around Chaltlang, Bethel Veng, more particularly near DIET,”

-the order reads.

The Court posted the matter on January 19, 2022 for further hearing.

The Gauhati High Court recently disposed of a suo motu PIL pertaining to the deportation of a minor child, a Bangladeshi national, to Bangladesh.

The Court, vide order dated 22.11.2021, desired to know from the Assam Government as well as the Ministry of Home Affairs and the Ministry of External Affairs, Government of India as to the procedure for the deportation of such foreigners to the concerned country of origin.

The child in issue had been released by the Juvenile Justice Board, Cachar after counseling vide order dated 09.02.2021. Dev Choudhury, Additional Solicitor-General, submitted, on the basis of instructions dated 02.12.2021, that the matter has been taken up with the concerned authorities.

On the other hand, H. Hazarika, Government Advocate, Assam, submitted on the basis of written communication dated 06.12.2021, received from the Superintendent of Police (B), Srimantapur, Guwahati, Assam that the child of Bangladeshi national had been deported/repatriated to Bangladesh through Dawki Immigration Point, West Jaintia Hills, Meghalaya and Tamabil Immigration Point of Bangladesh as per,

1. The Assistant High Commission of Bangladesh, Guwahati letter dated 02.12.2021 and Travel Permit (TP) dated 02.12.2021 issued by the Assistant High Commissioner of Bangladesh, Guwahati,

2. The Superintendent of Police (B), Assam, Guwahati Memo dated 03.12.2021.  Child was handed over by Shri Pradip Konwar, APS, Addl. Superintendent of Police (B), Cachar, Silchar and taken over by Sub-Inspector of Police R. Kharakor of Tamabil Immigration Check Post, Dawki, Meghalaya.

It is submitted that handing over of the child has been duly acknowledged by the authorities of Bangladesh and, as such, nothing survives for consideration by the Court , observed Justice N Kotiswar Singh and Justice Malasri Nandi.

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Therefore, the Bench closed the suo motu PIL. It is pertinent to note that the PIL (suo motu) has been taken up on the strength of a letter dated 02.11.2021 written by one Sankar Das, Team Member, Child line 1098 Silchar, Cachar, Assam, in which he has apprised the Chief Justice of Gauhati High Court,  of the condition of a minor who is admittedly a resident of Bangladesh, who was arrested on 15.09.2020 by the BSF in connection with possession of certain contraband narcotic items regarding which an F.I.R. was registered in Katigorah P.S. under Section 14 of the Foreigners Act read with Section 20(b) of the NDPS Act.

It has been stated in the said letter that the said minor boy was proceeded before the Juvenile Justice Board, Cachar, Silchar and the Board found him guilty under Section 14A of the Foreigners Act and directed to release him after counseling vide order dated 09.02.2021 passed by Principal Magistrate, Juvenile Justice Board, Cachar, Silchar .

The Manipur High Court on Wednesday closed a Suo Motu PIL with the observation that it is for the Imphal Municipal Corporation to continue to do its work and ensure proper maintenance and upkeep of Bir Tikendrajit Park (BT Park) in public interest.

The case was taken up suo motu on the basis of a report dated June 10, 2018 in an English newspaper that Bir Tikendrajit Park in Imphal set up in memory of the martyrs of the Anglo-Manipur War of 1891 was drowning in garbage and had turned into a dumpyard.

In an affidavit dated September 22, 2021 filed by the Deputy Secretary, Municipal Administration, Housing & Urban Development (MAHUD), the Government of Manipur, stated the park was earlier under the supervision of the Planning and Development Authority (PDA) but thereafter, its upkeep was handed over to the Imphal Municipal Corporation during July 2021.

The Division Bench of Chief Justice Sanjay Kumar and Justice Kh. Nobin Singh noted that the Corporation reported to the Deputy Secretary, MAHUD, Government of Manipur, vide letter dated 27.08.2021, that the park was being maintained well and that regular cleaning was also being undertaken.

On 22.11.2021, upon seeing the letter, the High Court requested Julius Riamei and Irom Denning, Advocates of the High Court, to render assistance by visiting the park and submitting a report as to its present state.

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Having undertaken this exercise, the Advocates filed a Report dated 01.12.2021, under the signature of Irom Denning, wherein it was stated that they had visited the park on two occasions and found that it was being maintained well. Colour photographs were also filed demonstrating that the park is now clean and green, and no garbage is being dumped there.

“In the light of the aforestated developments, there is no reason why this matter should be kept pending any longer. It is for the Imphal Municipal Corporation to continue to do its work and ensure proper maintenance and upkeep of this park in public interest,”

-the Court observed.

Before parting with the case, the Court also recorded  its appreciation and gratitude to Advocates Julius Riamei and Irom Denning for having spared their time and for putting in unstinting effort to assist the High Court.

The Supreme Court on Tuesday heard the suo motu PIL filed over the mounting concerns about the dangers faced by the subordinate judiciary, especially trial judges, in the line of duty.

The Centre told the Supreme Court that it has already issued guidelines for the safety of judges. With security being the matter in State list, it is the State’s prerogative to implement those guidelines, it said.

The Bench, headed by Chief Justice N.V. Ramana and comprising Justices Surya Kant and Aniruddha Bose, stated in its order, “One week time given to file counter-affidavits. Bar Council of India is also permitted to file an affidavit within a week. Chief Secretaries to remain present in case affidavits are not submitted. Costs of Rs 1 lakh to be imposed on states who fail to file a counter affidavit within a week.”

Appearing for the Central government, Solicitor General Tushar Mehta said the Union Ministry of Home Affairs had already issued guidelines for the safety of judges back in 2007. “The security of courts is better left to states, as it requires day-to-day coordination with the local police. From a coordination point of view, the deployment of local police is advisable. There can be state-specific issues. The state police are better equipped to deal with surveillance off criminals, intelligence regarding threat etc. it has to be state-specific instead of country specify,” he submitted.

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CJI Ramana then said, “You can call states and take a decision on how the problem will be dealt with.”

Thereafter, Justice Kant weighed in, saying, “Guidelines are fine…criminal habits are different etc. The question is whether these guidelines are followed or not for the protection of judges, courts, etc. The burden of implementing the guidelines is on the Supreme Court now. You are the Central government. You can call DGPs. You are the best person to get this done. States are now saying they don’t have funds for CCTVs etc. These issues you have to resolve between you and the states. We don’t want to call these excuses…” The Court then ultimately granted one week’s time to states and UTs to file counter-affidavits.

Earlier, the Supreme Court directed the Jharkhand High Court Chief Justice to regularly monitor the investigation into the Dhanbad Judge Uttam Anand death case which will be conducted by the CBI.

The Bench comprising Chief Justice N.V. Ramana, Justice Vineet Saran, and Justice Surya Kant had held, “The CBI shall file the report of the investigation every week before the State High Court. And the High Court shall regularly monitor the investigation.”

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The Supreme Court had taken suo motu cognizance of the mounting concerns about the dangers faced by the subordinate judiciary, especially trial judges, in the line of duty. The Apex Court has noted that the death of Judge Uttam Anand, who was fatally knocked down by a vehicle while he was out for a morning jog in Dhanbad, had “wider ramifications”.

“The Dhanbad case has wider ramifications. We are getting reports that judicial officers are under attack across the country. We want to examine this issue and may seek reports from the States,” the CJI observed.

See order below:

The Allahabad High Court on Tuesday has disposed of the suo motu public interest litigation which was taken by the court for extension of interim orders and limitation expiring during the period of lockdown due to the Covid-19 pandemic.

The division bench of Justice Munishwar Nath Bhandari and Justice Rohit Ranjan Agarwal heard the suo motu PIL. The suo motu cognizance pertaining to interim orders and limitation expiring during the period of lockdown due to Covid-19 pandemic was taken by the High Court.

A detailed order with respect to all the courts in the state was initially passed and extended from time to time with certain modifications, to ensure that litigants do not suffer on account of their “inability to approach the courts of law”.

In this matter last order was passed on December 1, 2020 for extension of interim orders and caveat under Section 148-A CPC. Looking to the physical working of the courts in the state of Uttar Pradesh, the court has expressed that there is no need to continue this public interest litigation to extend currency period of limitation or interim order.

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The Bench said,

“We find that now the Courts are physically working in the state of Uttar Pradesh, thus there is no reason to keep this matter pending and for that to pass further order in reference to the interim orders for the caveats. Rather the matter is now closed…”