People''s Union For Civil Liberties Vs Union of India (UOI) and Others

People''s Union For Civil Liberties vs Union of India (UOI) and Others

Supreme Court Of India · Decided on 27 February 2012 · Citation: (2012) 3 SCALE 382

HON’BLE JUDGES

Dipak Misra, J · Dalveer Bhandari, J

RESULT

Disposed Of

CASE NUMBER

IA No''s. 94 and 96 in Writ Petition (Civil) No. 196 of 2001 and IA No. 82 of 2008 in WP (C) No. 196 of 2001

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Judgment

13 paragraphs · 497 words

Mr. Colin Gonsalves, learned Senior Counsel placed before Inspection of of Bihar, The States appearing for the Petitioner has this court a report of Joint Homeless Shelters in the States Chhattisgarh, Gujarat, Jharkhand, Madhya Pradesh, Rajasthan, Tamil Nadu, Uttar Pradesh, West Bengal and Karnataka. The Reports regarding remaining States would be submitted within two weeks from today.

A number of deficiencies have been pointed out in the functioning of the shelter homes which were jointly "inspected by the parties.

The States and the Union "Territories are directed to rectify those deficiencies as expeditiously as possible.

Mr. Gonsalves has also pointed out some fundamental shortcomings in the night shelters provided by some States. This Court has repeatedly mentioned in a number of orders that basic facilities must be provided in the night shelters. It must be the endeavour of each State to ensure that in compliance of Article 21 of the Constitution of India, life of homeless people must be properly protected and preserved.

We are of the opinion that proper Rules and Regulations for monitoring night shelters must be enacted by each State and the Union Territories which would have some statutory force.

Learned Senior Counsel appearing for the petitioner, Mr. Mohan Parasaran, learned Additional Solicitor General and other learned counsel representing the States and Union Territories have agreed that for long terms solution of the problem it is imperative to have proper rules and Regulations.

Mr. Gonsalves, learned Senior Counsel has undertaken to prepare a Draft Manual within one week and give it to the learned Additional Solicitor General and other counsel who may carefully look into it and give their suggestions within four weeks thereafter. Learned Senior Counsel for the Petitioner is granted one week's time thereafter to respond to the suggestions given by the States and Union Territories. It is further directed that the Learned Counsel for the WP(C) No. 196 of 2001 States and the Union Territories are at liberty to involve concerned officials of the Government and other authorities and design shelter homes according to the particular geographical or other requirements of each State/Union Territory. Comprehensive Rules and Regulations be prepared by the various States and the Union Territories.

We direct all the States and Union Territories to file additional affidavit giving upto date position regarding night shelters in the respective States and Union Territories.

Let it be filed within three weeks with an advance copy to the Learned Counsel for the Petitioner.

10.

List the matter on Monday, the 9th April, 2012.

IA No. 82

11.

Reply has not been filed by all the States and Union Territories. We direct concerned States and Union Territories to file their replies within three weeks with an advance copy to the Learned Counsel for the Petitioner who would be at liberty to file rejoinder, if any, within a week thereafter. WP(C) No. 196 of 2001

12.

List the application on Monday, the 9th April, 2012.

COUNSEL

Colin Gonsalves, Amey Shukla, Jyoti Mendiratta, Naushad Ahmad Khan, Jaward Hussain Khan and R.C. Kaushik, Sanjiv Sen, Ujjal Banerjee and P. Parmeswaran, for MCD, Sanjiv Sen, Ujjal Banerjee, Charu Ambwani and Prashant Kumar, for NDMC in WP C No. 196 of 2001, Vishnu B. Saharya, for Saharya and Co. for DDA, D. Mahesh Babu, Mayur R. Shah, Savita Dhanda, Amit K. Nain and Suchitra H., for The States of Andhra Pradesh, Anil Shrivastav and Rituraj Biswas, for Arunachal Pradesh, Riku Sarma and Navnit Kumar, for Corporate Law Group for Assam, Gopal Singh and Manish Kumar, for Bihar, Atul Jha, Sandeep Jha and Dharmendra Kumar Sinha, for Chhatisgarh, A. Subhashini, for Goa, Hemantika Wahi and Rojalin Pradhan, for Gujarat, Manjit Singh, Tarjit Singh and Kamal Mohan Gupta, for Haryana, Naresh Kumar Sharma, for Himachal Pradesh, Sunil Fernandes, Astha Sharma, Krishanu Adhikary and Vernika Tomar, for Jammu and Kashmir, Gopal Prasad, for Jharkhand, V.N. Raghupathy, for Karnataka, Bina Madhavan, for Kerala, Vikas Upadhyay and B.S. Banthia, for Madhya Pradesh in WP C No. 196 of 2001, Sanjay V. Kharde and Asha G. Nair, for Maharashtra, Khwairkpam Nobin Singh, Sapan Biswajit Meitei and Tech Poto, for Manipur, Ranjan Mukherjee and Garima Bose, for Meghalaya, Pragyan P. Sharma, Rupesh Gupta, Mandakini Sharma, P.V. Yogeswaran, Gautam Dhamija, K.N. Madhusoodhanan and R. Sathish, for Mizoram, Edward Belho, K. Enatoli Sema, Amit Kumar Singh, Nimshim Vashum, P. Athuimei R. Naga, Khusisato Inolu, for Nagaland, Mohan Parsaran, ASG., D.L. Chidanand, Sunita Sharma, S. Wasim A. Qadri, Sushma Suri, D.S. Mahra, Anil Katiyar, B. Krishna Prasad, B.V. Balaram Das, for N.C.T. of Delhi, Suresh Chandra Tripathy and Dilip Kumar Sharma, for Orissa, Kuldip Singh, R.K. Pandey, H.S. Sandhu, Mohit Mudgil, Vijendra Kumar, Shaikh Chand Saheb, for Punjab, Manish Singhvi, AAG., Ashutosh Kumar Singh, Irshad Ahmed, for Rajasthan in WP C No. 196 of 2001, Aruna Mathur and Yusuf Khan, for Arputham, Aruna and Co. for Sikkim, B. Balaji, for Tamil Nadu, Gopal Singh and Rituraj Biswas, for Tripura, Rahul Verma and Rachna Srivastava, for Uttarakhand, Pramod Swarup, Raj Kumar Gupta, Rajeev Dubey and Kamlendra Mishra, for Uttar Pradesh, Soumitra G. Chaudhuri, Abhijit Sengupta, Sampa Sengupta Ray and Piyush, for West Bengal, Rituraj Biswas and D.S. Mahra, for The Union Territories Andaman and Nicobar, Manpreet Singh Doabia and Sudarshan Singh Rawat, for Chandigarh, S.W.A. Qadri, Rituraj Biswas and D.S. Mahra, for Dadra and Nagar Haveli, S.W.A. Qadri, Rituraj Biswas and D.S. Mahra, for Daman and Diu, S.W.A. Qadri, Rituraj Biswas and D.S. Mahra, for Lakshadweep, V.G. Pragasam, S.J. Aristotle and Prabu Ramasubramanian, T.V. George, Aruneshwar Gupta, Anil K. Jha, Anis Suhrawardy, Kamini Jaiswal, Pradeep Misra, Tara Chandra Sharma, K.V. Mohan, D. Bharathi Reddy, Shivaji M. Jadhav, Anil K. Jha, Chander Shekhar Ashri, Ramesh Babu M.R., Sanjay R. Hegde, Vishwajit Singh, Rajesh Srivastava, Jatinder Kumar Bhatia, Ravi Prakash Mehrotra, Sumita Hazarika, Ravindra Keshavrao Adsure, S. Thananjayan, Vikas Mehta, Anjana Chandrashekar, Anuvrat Sharma, Chandra Bhushan Prasad and G. Venkateswara Rao Anumolu, for Puduchery in in WP C No. 196 of 2001, for the Appellant; Indra Sawhney, for FCI, Sanjiv Sen, Ujjal Banerjee and P. Parmeswaran for MCD, Sanjiv Sen, Ujjal Banerjee, Charu Ambwani and Prashant Kumar for NDMC in WP (C) No. 196 of 2001, Vishnu B. Saharya, for Saharya and Co. for DDA, D. Mahesh Babu, Mayur R. Shah, Savita Dhanda, Amit K. Nain and Suchitra H. for The States of Andhra Pradesh, Anil Shrivastav and Rituraj Biswas for Arunachal Pradesh, Riku Sarma and Navnit Kumar for Corporate Law Group for Assam, Gopal Singh and Manish Kumar for Bihar, Atul Jha, Sandeep Jha and Dharmendra Kumar Sinha for Chhatisgarh, A. Subhashini, for Goa, Hemantika Wahi and Rojalin Pradhan for Gujarat, Manjit Singh, Tarjit Singh and Kamal Mohan Gupta for Haryana, Naresh Kumar Sharma, for Himachal Pradesh, Sunil Fernandes, Astha Sharma, Krishanu Adhikary and Vernika Tomar for Jammu and Kashmir, Gopal Prasad, for Jharkhand, V.N. Raghupathy, for Karnataka, Bina Madhavan, for Kerala, Vikas Upadhyay and B.S. Banthia for Madhya Pradesh in WP (C) No. 196 of 2001, Sanjay V. Kharde and Asha G. Nair for Maharashtra, Khwairkpam Nobin Singh, Sapan Biswajit Meitei and Tech Poto for Manipur, Ranjan Mukherjee and Garima Bose for Meghalaya, Pragyan P. Sharma, Rupesh Gupta, Mandakini Sharma, P.V. Yogeswaran, Gautam Dhamija, K.N. Madhusoodhanan and R. Sathish for Mizoram, Edward Belho, K. Enatoli Sema, Amit Kumar Singh, Nimshim Vashum, P. Athuimei R. Naga, Khusisato Inolu for Nagaland, Mohan Parsaran, ASG., D.L. Chidanand, Sunita Sharma, S. Wasim A. Qadri, Sushma Suri, D.S. Mahra, Anil Katiyar, B. Krishna Prasad, B.V. Balaram Das for N.C.T. of Delhi, Suresh Chandra Tripathy and Dilip Kumar Sharma for Orissa, Kuldip Singh, R.K. Pandey, H.S. Sandhu, Mohit Mudgil, Vijendra Kumar, Shaikh Chand Saheb for Punjab, Manish Singhvi, AAG., Ashutosh Kumar Singh, Irshad Ahmed for Rajasthan in WP (C) No. 196 of 2001, Aruna Mathur and Yusuf Khan for Arputham, Aruna and Co. for Sikkim, B. Balaji, for Tamil Nadu, Gopal Singh and Rituraj Biswas for Tripura, Rahul Verma and Rachna Srivastava for Uttarakhand, Pramod Swarup Raj Kumar Gupta, Rajeev Dubey and Kamlendra Mishra for Uttar Pradesh, Soumitra G. Chaudhuri, Abhijit Sengupta, Sampa Sengupta Ray and Piyush for West Bengal, Rituraj Biswas and D.S. Mahra for The Union Territories Andaman and Nicobar, Manpreet Singh Doabia and Sudarshan Singh Rawat for Chandigarh, S.W.A. Qadri, Rituraj Biswas and D.S. Mahra for Dadra and Nagar Haveli, S.W.A. Qadri, Rituraj Biswas and D.S. Mahra for Daman and Diu, S.W.A. Qadri, Rituraj Biswas and D.S. Mahra for Lakshadweep, V.G. Pragasam, S.J. Aristotle and Prabu Ramasubramanian, T.V. George, Aruneshwar Gupta, Anil K. Jha, Anis Suhrawardy, Kamini Jaiswal, Pradeep Misra, Tara Chandra Sharma, K.V. Mohan, D. Bharathi Reddy, Shivaji M. Jadhav, Anil K. Jha, Chander Shekhar Ashri, Ramesh Babu M.R., Sanjay R. Hegde, Vishwajit Singh, Rajesh Srivastava, Jatinder Kumar Bhatia, Ravi Prakash Mehrotra, Sumita Hazarika, Ravindra Keshavrao Adsure, S. Thananjayan, Vikas Mehta, Anjana Chandrashekar, Anuvrat Sharma, Chandra Bhushan Prasad and G. Venkateswara Rao Anumolu for Puduchery in (NP) in WP (C) No. 196 of 2001, for the Respondent