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2013 DIGILAW 1109 (SC)

Mohd. Haroon v. Union of India

2013-09-19

P.SATHASIVAM, RANJAN GOGOI, RANJANA PRAKASH DESAI

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Judgment : ORDER DELIVERED ON 19-9-2013 Taking note of the fact that this Court has entertained Writ Petition (Crl.) No.155 of 2013, filed by Mohd. Haroon and Others, as well as Writ Petition (Crl.) No.158 of 2013, filed by the Supreme Court Bar Association and pursuant to the direction of this Court dated 12.09.2013, Union of India., as well as the State of U.P. Respondent Nos. 1 and 2 respectively, have filed their response with regard to various steps including the relief to the stranded persons and of the fact that this Court is monitoring the entire incident, we feel that in the interest of all concerned, the matter pending before the Allahabad High Court, namely, W.P.(PIL) No.49526 of 2013 - is to be heard along with above matters. Accordingly, we direct Writ Petition(PIL) No.49526 of 2013 pending on the file of High Court at Allahabad be transferred to this Court. All the counsel are agreeable for this transfer. Registrar, High Court, is directed to transmit all the papers pertaining to the said writ petition to this Court forthwith. It is made clear that any grievance pertaining to the incident that took place on 27th August, 2013 at Muzaffarnagar and nearby places aggrieved persons are to approach only to this Court for necessary relief/directions. Pursuant to the direction of this court dated 12th September, 2013, Respondent No. 1 -Union of India as well as Respondent No.2 - State of U.P. have filed affidavits along with annexures highlighting the steps taken by them. Though, Mr. Gopal Subramanium, learned senior counsel appearing on behalf of the petitioners in W.P.(Crl.)NO. 155 of 2013 after taking us through the compliance report/affidavits filed by Respondent Nos. 1 and 2 submitted that the steps taken by the said respondents are inadequate, however, it cannot be claimed that they have not taken effective steps. However, on going through the details mentioned in the respective affidavits as well the reply filed by the petitioners, we direct both the respondents viz. Union of India and State of U.P. to provide the required assistance/facilities as directed in our order dated 12.09.2013. However, on going through the details mentioned in the respective affidavits as well the reply filed by the petitioners, we direct both the respondents viz. Union of India and State of U.P. to provide the required assistance/facilities as directed in our order dated 12.09.2013. During the course of hearing, learned Attorney General apart from reiterating the stand taken in their affidavit assured this Court that the Government of India is fully committed to provide all required financial assistance as well as security measures for the immediate and permanent relief to the stranded and affected persons. Dr. Rajeev Dhawan, learned senior counsel appearing for the State of U.P. after taking us through the various steps taken by them also assured this Court that apart from the steps taken by the State, they are taking further steps for providing food, water, shelter and medicines to all those affected persons . He also assured us that the State Government is taking effective steps for peaceful resettlement of those stranded persons. The above statement of both the respondents are hereby recorded. In order to ascertain the further development and the steps taken by both the respondents, we adjourn the matter till next Thursday i.e. 26th September, 2013. Respondent Nos. 1 & 2 are directed to file further Report on that day. The petitioners as well as others who are aware of more details about the sufferings of the people concerned are permitted to hand over all the details to the standing counsel for the State of U.P. Issue notice on Crl.M.P.No.19971 of 2013 in W.P.(Crl.)No.158 of 2013. W.P.(Crl.)No. 165 of 2013 Taken on Board. Petitioner is permitted to serve copy of the petition to Union of India as well as State of U.P. Tag with W.P.(Crl.)No. 155 of 2013 etc. List all the matters including the transferred matter at 3.00 P.M. on 26th September, 2013. ORDER DELIVERED ON 12-9-2013 Writ Petition (Crl.) No.158 of 2013 and Crl.M.P. filed in Writ Petition (Crl.) No.155 of 2013, are taken on Board. Issue notice to the Union of India, returnable on Monday (16.09.2013). Dasti, in addition, is permitted. Counsel for the petitioners are permitted to serve notice on the Office of Attorney General for India. Mr. Ravi P. Mehrotra, learned Advocate, accepts notice on behalf of the State of U.P. and its officers. Heard Mr. Issue notice to the Union of India, returnable on Monday (16.09.2013). Dasti, in addition, is permitted. Counsel for the petitioners are permitted to serve notice on the Office of Attorney General for India. Mr. Ravi P. Mehrotra, learned Advocate, accepts notice on behalf of the State of U.P. and its officers. Heard Mr. Gopal Subramanium, learned senior counsel appearing for the petitioners in W.P.(Crl.) No.155 of 2013, Mr. M.N. Krishnamani, learned senior counsel for the petitioners in W.P. (Crl.) No.158 of 2013 and Dr. Rajeev Dhawan, learned senior counsel appearing for the State of U.P. On going through various allegations levelled in the writ petitions, we are inclined to examine the matter. At present, we direct the State of U.P. in association with the Central Government to take immediate steps and take charge of all persons, who are stranded without food and water and set up relief camps providing all required assistance. It is also directed to ensure that all stranded are taken to places of safety and are given minimum amenities of food and water and to make adequate arrangements for their stay, till rehabilitation and restoration takes place in their respective places. It is further directed to provide necessary medical treatment to all wounded and needy persons and also while lifting them to hospitals, either at Meerut or Roorkee, if required hospitals at Delhi or any other suitable places. The State of U.P., as well as the Central Government, is directed to file the compliance reports by their senior officers on the next date of hearing. Learned counsel for the parties are permitted to file additional documents. List on Monday (16.09.2013) at 2.00 p.m.