In Reference (Suo Motu) vs State of M.P.

Shri Samdarshi Tiwari, learned Dy. Advocate General for the petitioner.

Shri B.N. Mishra, Counsel for the High Court.

Shri J.K. Jain, learned Asst. Solicitor General for UOI.

This was a reference made by the office based on communication received from various District and Session Judges, particularly the District and Session Judge, Bhopal in the matter of difficulties faced by accused persons who are required to deposit fine amount after their conviction. The difficulty arose due to the on going de-moniterisation process and inability of the accused persons to deposit the amount in cash in the treasury or Court''s account due to restrictions imposed in transacting during the process of moniterization.

On notice being issued, the matter was taken up by the Finance Department of the State Govt, the Registrar General of the High Court and the office of Advocate General was also involved in the matter and after considering options on identical issues indicated by the Delhi High Court in Criminal Appeal No.1177/2016 in its order passed on 9/12/2016 an alternate process has been evolved for depositing of the fine amount of the accused persons in the account of the treasury officers in the Website www.mptreasury.org and various heads have been allocated for deposit of the amount and in this regard instructions have been issued by the Directorate of Treasury and Accounts by the Additional Director vide its communication dated 19/12/2016. It is pointed out by Shri Samdarshi Tiwari that now there shall be no difficulty in depositing the fine amount and the fine amount can be deposited by the accused persons based on the system indicated in the circular dated 19/12/2016 and on various heads indicated in Annexures attached thereto. That apart, the M.P. Online has also been instructed to make facility for online depositing the fine adopting these instructions.

In view of the above, the Registrar General is directed to intimate the above fact to all the District and Session Judges throughout the State of M.P.and by forwarding a copy of the circular dated 19/12/2016 the concerned District and Session Judges are directed to apprise the accused persons about procedures now evolved for deposit of the fine amount and the District and Session Judges to ensure that the requirement in the circular are complied with and the fine amount deposited in accordance with the procedure contemplated therein and the accused persons do not face any difficulty in deposit of the fine amount, in case they so desire.

With the aforesaid, reference stands disposed of.

Registrar General to circulate the order alongwith the circulars and annexures issued by the Government on 19/12/2016 to all concerned for execution and information.

This Court expresses its gratitude to the office of Advocate General for having respondents to the notice given within three days and found a solution to the difficulty given for such a short period.