2023 (3) TMI 1422 - SC - Money Laundering

Four High Courts listed for non compliances - compliance reports were filed before the Court but copy not given (regarding undertrial prisoners) - HELD THAT - It is found that in some of the States there is a disproportionately large number of undertrial prisoners unable to comply with bail. The issue of Allahabad High Court has been flagged to the counsel. Other High Courts/States where the data stares us in face is of the Madras, Orissa and Gauhati High Court. We have to emphasize to the counsel for the Gauhati High Court and the Orissa High Court that possibly some special steps are necessary to tackle this problem and they assure us that the needful will be done. Insofar as the Madras High Court is concerned, none has even cared to attend the proceedings. Let the Registrar remain personally present in Court as even the arrangement for representation has not been made.

Issues Involved:
1. Compliance by the High Courts
2. Breach of Judgment in Satender Kumar Antil Vs. CBI & Anr.
3. Duty of Public Prosecutors
4. Undertrial Prisoners and NALSA
5. Anticipatory Bail
6. Part Compliance by High Courts
7. Formal Appointment of Amicus Curiae
8. Compliance by States/UTs
9. Specific Case Orders

Summary:

1. Compliance by the High Courts:
Mr. Siddharth Luthra, learned Amicus Curiae, highlighted non-compliance by four High Courts: Delhi, Meghalaya, Telangana, and Uttarakhand. The Court directed the personal presence of the Registrars of these High Courts due to non-filing of compliance reports and absence of counsel.

2. Breach of Judgment in Satender Kumar Antil Vs. CBI & Anr.:
Counsels presented orders showing breaches of the judgment, resulting in unnecessary custody and further litigation. The Court emphasized that High Courts must ensure subordinate judiciary follows the law. Specific instances from Uttar Pradesh, particularly Hathras, Ghaziabad, and Lucknow, were flagged for non-compliance.

3. Duty of Public Prosecutors:
The Court reiterated the duty of Public Prosecutors to present the correct legal position before the Court, referencing the case of Aman Preet Singh Vs. C.B.I. Through Director, 2021 SCC Online SC 941. The C.B.I. and other prosecuting agencies were directed to issue instructions to Public Prosecutors to ensure compliance.

4. Undertrial Prisoners and NALSA:
Mr. Luthra proposed handing over details of undertrial prisoners to NALSA for follow-up. The Court noted disproportionately large numbers of undertrial prisoners in states under the jurisdiction of Allahabad, Madras, Orissa, and Gauhati High Courts, and directed special steps to address this issue.

5. Anticipatory Bail:
The Court clarified that principles enunciated for bail apply equally to anticipatory bail, referencing Criminal Appeal No. 853/2023, Mahdoom Bava vs. Central Bureau of Investigation, which dealt with anticipatory bail where the accused had cooperated with the investigation but was apprehensive of being remanded to custody by the Trial Court.

6. Part Compliance by High Courts:
Mr. Luthra submitted a list showing part compliance by several High Courts. The Court directed these High Courts to ensure full compliance and follow up where necessary.

7. Formal Appointment of Amicus Curiae:
The Court formally appointed Mr. Siddharth Luthra as Amicus Curiae, assisted by Mr. Akbar Siddque, to facilitate the receipt and review of compliance affidavits.

8. Compliance by States/UTs:
16 States/prosecuting agencies were noted for not filing compliance reports. The Court granted a final opportunity for compliance within three weeks, failing which the Home Secretaries of these States would be required to appear personally. States were also directed to issue standing orders within the same timeframe.

9. Specific Case Orders:
The Court issued specific orders for various intervention and direction applications, directing applicants to appear before the trial Court without being arrested and scheduling further hearings. In one case, urgency was noted due to the applicant's medical condition, and instructions were sought from the learned ASG.

Next Hearing Date: 02.05.2023

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