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2015 DIGILAW 1049 (SC)

Voluntary Health Ass. of Punjab v. Union of India

2015-08-19

DIPAK MISRA, R.BANUMATHI

body2015
ORDER : We have been apprised by Mr. Manish Kumar, learned counsel for the State of Bihar and Ms. Pragati Neekhra, learned counsel for the State of Himachal Pradesh that they have rectified the defects pointed out by the National Inspector and Monitoring Committee (the Committee). The Committee shall scrutinise the rectifications and file the report before us within two weeks from today. That apart, the Committee shall also file a status report as regards the other States and also its concerns which would also include whether the Committee is getting cooperation from the States. 2. As far as the State of Bihar is concerned, the direction was issued that the cases which have been pending before the trial court should be disposed of positively by the end of October 2015. Mr. Manish Kumar, learned counsel appearing for the State of Bihar submitted that he has no instructions in this regard. The State is the prosecutor and, therefore, the State has an obligation to have the information. Regard being had to the same, we direct the Principal Secretary (Health), in consultation with other departments, shall file an affidavit within two weeks from today as regards all such cases pending for trial. 3. A report be called for from the Director of Bihar Judicial Academy about the training imparted to the authorised officers under the Act. Whether they have been imparted training or not and, if not, the reason should be indicated. We have so directed, for vide order dated 06.05.2015, we had directed the Chief Secretaries of the States to see to it that the competent authorities are guided by the schedule filed by the High Court. 4. Be it stated, initially, we had directed for verification of the data given in respect of four States, namely, Tamil Nadu, Rajasthan, Himachal Pradesh and Bihar. We have been apprised that some more States have left out. Regard being had to the same, the Committee shall verify the data of States of Orissa, West Bengal, Chhattisgarh and Jharkhand. The authorities of the State Governments shall cooperate with the Committee. 5. Let the matter be listed on 15.09.2015.