# Satender Kumar Antil v. Central Bureau of Investigation and Anr

- **Citation:** 2024 INSC 134
- **Court:** Supreme Court of India
- **Decided:** 2024-02-13
- **Case number:** MA No.2034 of 2022
- **Bench:** M. M. Sundresh, S.V.N. Bhatti
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/satender-kumar-antil-v-central-bureau-of-investigation-and-anr-37503
- **Pages:** 49

## Headnote

The Amicus submitted report dated 10.02.2024 indicating the
directions that have been complied with by the parties in terms of
the judgment passed by the Supreme Court in Satender Kumar
Antil**. On basis of the said report, various directions are issued for
due compliance by the States/Union Territories/CBI and High Courts.
Headnotes
Code of Criminal Procedure, 1973 - ss. 41, 41A, 438, 440, 88,
170, 204, 209, 436A - Supreme Court Directions - Compliance
of directions by the States, Union Territories and CBI
Requirement of:
Held: The directions contained in para 100.2, 100.4, 100.7 of
Satender Kumar Antil and also the directions to public prosecutors
in terms of order dated 21.03.2023 of the Supreme Court are
required to be complied with by States, Union Territories and CBI
as per the time schedule stipulated - So far as the directions in
para 100.2, 100.3, 100.5, 100.6, 100.7, 100.8, 100.9, 100.10,
100.11 of Satender Kumar Antil; the direction dated 03.02.2023
for inclusion of the judgment in Siddharth v. State of UP and
Satender Kumar Antil in the curriculum of judicial academies and
the direction dated 21.03.2023 for application of the judgment in
Satender Kumar Antil to s.438 of CrPC, by and large apply to High
Courts. [Paras E and F]
Code of Criminal Procedure, 1973 - ss. 41, 41A, 438, 440,
88, 170, 204, 209, 436A - Supreme Court Directions - Details
of directions to be complied with by the States, High Court,
Union of India and CBI. [Para F, 1-38]
[2024] 2 S.C.R.
1073
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
Directions by Supreme Court - Directions issued to NALSA:
Held: (i) In terms of the order dated 02.05.2023, NALSA shall
supply updated information with regard to para 100.8 and 100.10 in
Satender Kumar Antil; (ii) NALSA shall inform the follow-up action
taken by NALSA and State Legal Services Authorities of the States
and Union Territories as provided to NALSA by various authorities
including the State governments and Union Territories; (iii) In order
to provide to adequate updated information, all the States and
Union Territories directed to cooperate with NALSA. [Para F, 39]
Directions by Supreme Court - Standard Operating Procedure
(SOP) - Undertrial Prisoners - Convicted Prisoners:
Held: (i) A document titled "Guidelines and standard operating
procedure for implementation of the scheme for support to poor
prisoners" taken on record and made part of this Order; (ii) In
furtherance of the subsequent orders passed by this Court on
ancillary issues concerned with training public prosecutors and
including judgments of this Court in the Curriculum of State Judicial
Academies, a further direction on an SOP framed by Central
Government need to be passed - The SOP if put in place by the
Central Government, will indeed alleviate the situation of under
trial prisoners by way of establishment of a dedicated empowered
committee and funds etc.; (iii) For benefit of the under-trial prisoners,
the SOP in its entirety is extracted in the present order. [Para I]
Directions by Supreme Court - E-mail ID:
Held: A dedicated email id to be created, so that the reports are
saved or exchanged simultaneously - E-mail id to be used hereafter
for serving and receiving affidavits/reports. [Para J]

## Text

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[2024] 2 S.C.R. 1072 : 2024 INSC 134
Satender Kumar Antil
v.
Central Bureau of Investigation and Anr.
MA No. 2034 of 2022
In
MA No.1849 of 2021
In
SLP (Crl.) No.5191 of 2021
13 February 2024
[M. M. Sundresh and S.V.N. Bhatti, JJ.]
Issue for Consideration
The Amicus submitted report dated 10.02.2024 indicating the
directions that have been complied with by the parties in terms of
the judgment passed by the Supreme Court in Satender Kumar
Antil**. On basis of the said report, various directions are issued for
due compliance by the States/Union Territories/CBI and High Courts.
Headnotes
Code of Criminal Procedure, 1973 - ss. 41, 41A, 438, 440, 88,
170, 204, 209, 436A - Supreme Court Directions - Compliance
of directions by the States, Union Territories and CBI
Requirement of:
Held: The directions contained in para 100.2, 100.4, 100.7 of
Satender Kumar Antil and also the directions to public prosecutors
in terms of order dated 21.03.2023 of the Supreme Court are
required to be complied with by States, Union Territories and CBI
as per the time schedule stipulated - So far as the directions in
para 100.2, 100.3, 100.5, 100.6, 100.7, 100.8, 100.9, 100.10,
100.11 of Satender Kumar Antil; the direction dated 03.02.2023
for inclusion of the judgment in Siddharth v. State of UP and
Satender Kumar Antil in the curriculum of judicial academies and
the direction dated 21.03.2023 for application of the judgment in
Satender Kumar Antil to s.438 of CrPC, by and large apply to High
Courts. [Paras E and F]
Code of Criminal Procedure, 1973 - ss. 41, 41A, 438, 440,
88, 170, 204, 209, 436A - Supreme Court Directions - Details
of directions to be complied with by the States, High Court,
Union of India and CBI. [Para F, 1-38]
[2024] 2 S.C.R.
1073
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
Directions by Supreme Court - Directions issued to NALSA:
Held: (i) In terms of the order dated 02.05.2023, NALSA shall
supply updated information with regard to para 100.8 and 100.10 in
Satender Kumar Antil; (ii) NALSA shall inform the follow-up action
taken by NALSA and State Legal Services Authorities of the States
and Union Territories as provided to NALSA by various authorities
including the State governments and Union Territories; (iii) In order
to provide to adequate updated information, all the States and
Union Territories directed to cooperate with NALSA. [Para F, 39]
Directions by Supreme Court - Standard Operating Procedure
(SOP) - Undertrial Prisoners - Convicted Prisoners:
Held: (i) A document titled "Guidelines and standard operating
procedure for implementation of the scheme for support to poor
prisoners" taken on record and made part of this Order; (ii) In
furtherance of the subsequent orders passed by this Court on
ancillary issues concerned with training public prosecutors and
including judgments of this Court in the Curriculum of State Judicial
Academies, a further direction on an SOP framed by Central
Government need to be passed - The SOP if put in place by the
Central Government, will indeed alleviate the situation of under
trial prisoners by way of establishment of a dedicated empowered
committee and funds etc.; (iii) For benefit of the under-trial prisoners,
the SOP in its entirety is extracted in the present order. [Para I]
Directions by Supreme Court - E-mail ID:
Held: A dedicated email id to be created, so that the reports are
saved or exchanged simultaneously - E-mail id to be used hereafter
for serving and receiving affidavits/reports. [Para J]
Case Law Cited
Satender Kumar Antil v. Central Bureau of Investigation,
[2022] 10 SCR 351 : (2022) 10 SCC 51**; Siddharth v.
State of UP, (2022) 1 SCC 676; Arnesh Kumar v. State
of Bihar and Anr., [2014] 8 SCR 128 : (2014) 8 SCC
273 - referred to.
Books and Periodicals Cited
A document titled "Guidelines and standard operating
procedure for implementation of the scheme for support
to poor prisoners".
1074
[2024] 2 S.C.R.
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List of Acts
Code of Criminal Procedure, 1973.
List of Keywords
Supreme Court directions; Compliance of directions in Satender
Kumar Antil case; Standard Operating Procedure; Undertial
prisoners; Convicted prisoners.
Case Arising From
CRIMINAL APPELLATE JURISDICTION : MA No.2034 of 2022
In
MA No.1849 of 2021
In
Special Leave Petition (Criminal) No.5191 of 2021
With
MA No.2035 of 2022 In Slp (Crl.) No.5191 of 2021
From the Judgment and Order dated 01.07.2021 of the High Court of
Judicature at Allahabad in CRMABA No.7598 of 2021
Appearances for Parties
Sidharth Luthra, Sr. Adv., Akbar Siddique, Ayush Agarwal, Rajneesh
Sharma, Pankaj Singhal, Udbhav Sinha, Harsh Kumar Singh, Parv
K Garg, Parwez Akhtar, Animesh Mishra, Javed Muzaffar, Advs. for
the Petitioner.
Suryaprakash V Raju, Mrs. Aishwariya Bahti, A.S.Gs., Ms. Ankita
Choudhary, Rajesh Mahajan, A.A.Gs., Gaurav Agrwal, R. Basant,
Vikram Choudhary, Sr. Advs., Mukesh Kumar Maroria, Vineet Singh,
Ms. Sairica S Raju, Ritwiz Rishabh, Annam Venkatesh, Ms. Priyanka
Das, Udai Khanna, Mohd Akhil, Padmesh Mishra, Ms. Shradha
Deshmukh, Tacho Eru, Vatsal Joshi, Kanu Agarwal, Varun Chugh,
Bhuvan Kapoor, Krishna Kant Dubey, Piyush Beriwal, Ms. Indira
Bhakar, Anil Hooda, Harish Pandey, Rajesh Singh Chauhan, Ms.
Rashmi Nandakumar, T. G. Narayanan Nair, Ms. Swathi H. Prasad,
Mahesh Agarwal, Ankur Saigal, Anshuman Srivastava, Shashwat
Singh, E. C. Agrawala, Avijit Mani Tripathi, T.K. Nayak, Ms. Marbiang
Khongwir, Mrs. Rekha Bakshi, R. Ayyam Perumal, Ms. Manisha
[2024] 2 S.C.R.
1075
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
Chava, A. Renganath, Amit Sharma, Dipesh Sinha, Ms. Pallavi Barua,
Ms. Aparna Singh, Ms. K. Enatoli Sema, Ms. Limayinla Jamir, Amit
Kumar Singh, Ms. Chubalemla Chang, Prang Newmai, Gautam
Narayan, Ms. Asmita Singh, Harshit Goel, K.V. Vibu Prasad, Praveen
Swarup, Shishir Kumar Saxena, R.N. Pareek, Baij Nath Yadav,
Ankur Parihar, Jagmohan Pareek, Ravi Kumar, Aman, Ms. Devina
Sehgal, Mohd. Ashaab, Ankur Prakash, Ashutosh Kumar Sharma,
Ms. Priyanka Singh, Amod Kumar Bidhuri, Alok Kumar Pandey,
Sunny Choudhary, Kshitiz Singh, Aaditya Aniruddha Pande, Siddharth
Dharmadhikari, Bharat Bagla, Sourav Singh, Aditya Krishna, Ms.
Preet S. Phanse, Pukhrambam Ramesh Kumar, Karun Sharma, Ms.
Anupama Ngangom, Ms. Rajkumari Divyasana, Abhimanyu Tewari,
Ms. Eliza Bar, Ms. Swati Ghildiyal, Ms. Deepanwita Priyanka, Ms.
Devyani Bhatt, Amit Gupta, Shiv Verma, Ms. Muskan Nagpal, Aditya
Jain, Ms. Bhavya Golecha, Arjun Garg, Aakash Nandolia, Ms. Sagun
Srivastava, Ms. Nisha Pandey, P. I. Jose, Ravi Sagar, James P.
Thomas, Remish Lakra, Hira Lal, Suvendu Suvasis Dash, Mrs. Swati
Vaibhav, Mrs. Shruti Vaibhav, Malak Manish Bhatt, Tapesh Kumar
Singh, Nishe Rajen Shonker, Mrs. Anu K Joy, Alim Anvar, Abraham
Mathew, Kunal Chatterji, Nikhil Jain, V. N. Raghupathy, Manendra
Pal Gupta, Prakash Jadhav, Ravichandra Jadhav, Gagan Gupta,
Kumar Mihir, Sanjai Kumar Pathak, Arvind Kumar Tripathi, Mrs.
Shashi Pathak, Purvish Jitendra Malkan, Ms. Dharita Purvish Malkan,
Alok Kumar, Ms. Deepa Gorasia, Parth Awasthi, Pashupathi Nath
Razdan, Astik Gupta, Abhay Anil Anturkar, Dhruv Tank, Aniruddha
Awalgaonkar, Ms. Surbhi Kapoor, Sameer Abhyankar, Aakash Thakur,
Ms. Vani Vandana Chhetri, Ms. Nishi Sangtani, Ms. Zinnea Mehta,
Rahul Kumar, Mahfooz Ahsan Nazki, Polanki Gowtham, KV Girish
Chowdary, T Vijaya Bhaskar Reddy, Ms. Rajeswari Mukherjee, Meeran
Maqbool, Ms. Archita Nigam, Ms. Pallavi Langar, Ms. Pragya Baghel,
Honey Khanna, Yashvaradhan, Apoorv Shukla, Prabhleen A. Shukla,
Aman Panwar, Akash Panwar, Shivam Singh Baghel, Mudit Gupta,
Karan Sharma, Ms. Jyoti Babbar, Ranjeeb Kamal Bora, Ramesh
Babu M.R. Ashish Batra, Anupam Raina, Somesh Chandra Jha,
Kaushik Choudhury, Debojit Borkakati, M/S. Arputham Aruna and Co,
Varinder Kumar Sharma, Somanadri Goud Katam, Sirajuddin, Ms.
Rooh-e-hina Dua, Shaurya Sahay, Pradeep Misra, Ajay Pal, Prashant
Shrikant Kenjale, Manish Kumar, Maibam Nabaghanashyam Singh,
Advs. for the Respondents.
By Courts Motion
1076
[2024] 2 S.C.R.
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Judgment / Order of the Supreme Court
Order
A.
Heard learned Amicus, Mr. Siddharth Luthra, Senior Advocate Mr.
Gaurav Agarwal for National Legal Services Authority (hereinafter
referred to as "NALSA") and Additional Solicitor General of India,
Ms. Aishwarya Bhati for the Union.
B.
We have perused the compliance affidavits filed by the respective
States, Union Territories, Central Bureau of Investigation and
NALSA on the directions issued by this Court in the Judgment
reported in Satender Kumar Antil v. Central Bureau of Investigation,
(2022) 10 SCC 51 and the periodical orders passed therein. The
learned Amicus having gone through these compliance affidavits
in great detail has submitted a tabular chart and report dated
10.02.2024 indicating the directions that have been complied with
by the parties present before us in terms of the judgment passed
by this Court in Satender Kumar Antil (Supra) case.
C.
For the comprehensive implementation of the directions in
Satender Kumar Antil (Supra) case, the Amicus upon thorough
study and verification of the details forcefully argues that certain
directions fall within the domain of States/Union Territories/CBI,
and High Courts and a few directions fall within the domain of
both the States and the High Courts. Therefore, for effective
monitoring by this Court it is completely desirable to combine
the stake holders for reporting in a convenient way and are
heard on a particular day.
D.
The directions contained in para 100.2, 100.4, 100.7 of Satender
Kumar Antil (Supra) and also the directions to public prosecutors
in terms of order dated 21.03.2023 of this Court need top most
attention and are required to be complied with by States, Union
Territories and CBI as per the time schedule stipulated.
E.
So far as the directions in para 100.2, 100.3, 100.5, 100.6, 100.7,
100.8, 100.9, 100.10, 100.11 of Satender Kumar Antil (Supra);
the direction dated 03.02.2023 for inclusion of the judgment
in Siddharth v. State of UP, (2022) 1 SCC 676 and Satender
Kumar Antil (Supra) in the curriculum of judicial academies and
the direction dated 21.03.2023 for application of the judgment in
Satender Kumar Antil (Supra) to Section 438 of Code of Criminal
Procedure, 1973 (hereinafter referred to as "CrPC"), by and large
[2024] 2 S.C.R.
1077
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
apply to High Courts. From a larger perspective, direction in a
few paragraphs is complied with by both i.e. the States/Union
Territories and High Courts, in consultation with each other. The
suggestion of Amicus informs that directions individually obligated
are carried out independently and where mutual consultation in
complying with the directions is necessary, such consultation is
undertaken and responsibility is fixed on one authority for due
compliance.
F.
The report dated 10.02.2024 is accepted by us in its entirety and
therefore, now we issue directions for due compliance by the
States/Union Territories/CBI and High Courts. For the sake of
convenience, the directions to various States and Union Territories
are issued and we wish to verify and deal with the compliance
in the manner suggested by this Order.
1.
State of Andhra Pradesh -Directions to be complied with:
(i)
In terms of the direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar v. State of Bihar and Anr.,
(2014) 8 SCC 273 has not been followed and consequently to
provide the details of necessary actions that have been taken
against erring police officers. Also, in terms of direction contained
in para 100.2, information has to be provided as to whether the
Standing Order is being complied with by Investigating Officers.
(ii)
In terms of direction contained in para 100.7, it is directed that
the State shall provide details of Special Courts constituted and
the necessary steps taken for creation of Additional Special
Courts and its stage.
(iii) Compliance with order dated 21.03.2023 passed by this Court:
(a) In terms of the above referred order, we direct the State to
ensure that the prosecutors are stating the correct position
of law as per the judgment passed by this Court in the case
of Siddharth (Supra) and Satender Kumar Antil (Supra).
(b) To circulate the judgment passed by this Court in the case
of Siddharth (Supra) and Satender Kumar Antil (Supra).
(c)
To train and update the prosecutors on a periodical basis
and provide details of the same.
1078
[2024] 2 S.C.R.
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1.1 High Court of Andhra Pradesh -Directions to be complied
with:
(i)
In terms of directions contained in para 100.2, there is a contrary
stand that conditions in relation to Sections 41 and 41-A of
CrPC and Arnesh Kumar (Supra) have been complied with,
yet bail has been granted, therefore the High Court is directed
to inform about clear instances of the same.
(ii)
In terms of directions contained in para 100.5, there is part
non-compliance in so far as insistence of bail application under
Section 88 of CrPC, therefore, the High Court is required to
inform on its compliance alone.
(iii) In terms of directions contained in para 100.7, details as to the
number of Special Courts created and the need for creation of
more Special Courts shall be provided.
(iv) In terms of directions contained in para 100.8 and 100.9, the
High Court should inform this Court as to the steps taken for
a list of identified prisoners who are unable to comply with bail
conditions and why sureties are not being produced in many
cases though bail stands granted, and what steps have been
taken to alleviate this situation.
(v)
In terms of directions contained in para 100.11, there is no
adequate compliance and complete information with respect to
some Courts, therefore needful be done in this regard.
(vi) In terms of direction contained in order dated 03.02.2023,
the High Court should inform on compliance for inclusion of
Siddharth (Supra) and Satender Kumar Antil (Supra) in the
curriculum of judicial academy.
(vii) To inform on whether the judgment in Satender Kumar Antil
(Supra) is being applied to petitions under Section 438 of CrPC.
2.
Union Territory of Andaman and Nicobar Islands -Directions to
be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
[2024] 2 S.C.R.
1079
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction contained in para 100.7, it is directed
that the Union Territory shall provide details of Special Courts
constituted and the necessary steps taken for creation of
Additional Special Courts and its stage.
(iii) Compliance with order dated 21.03.2023 passed by this Court:
(a)
In terms of the above referred order, we direct the Union
Territory to ensure that the prosecutors are stating the correct
position of law as per the judgment passed by this Court
in Siddharth (Supra) and Satender Kumar Antil (Supra).
(b) To circulate the judgment passed by this Court in Siddharth
(Supra) and Satender Kumar Antil (Supra)
(c)
To train and update the prosecutors on a periodical basis
and provide details of the same.
2.1 High Court of Calcutta (Refer to Serial No. 36.1)
3.
State of Arunachal Pradesh -Directions to be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary action that
have been taken against erring police officers. Also, in terms
of direction contained in para 100.2, information has to be
provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction contained in para 100.7, it is directed that
the State shall provide details of Special Courts constituted and
the necessary steps taken for creation of Additional Special
Courts and its stage.
(iii) Compliance with order dated 21.03.2023 passed by this Court:
(a) In terms of the above referred order, we direct the State
to ensure that the prosecutors are stating the correct
1080
[2024] 2 S.C.R.
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position of law as per the judgment passed by this Court
in Siddharth (Supra) and Satender Kumar Antil (Supra).
(b) To circulate the judgment passed by this Court in Siddharth
(Supra) and Satender Kumar Antil (Supra).
(c)
To train and update the prosecutors on a periodical basis
and provide details of the same.
3.1 High Court of Gauhati (Refer to Serial No. 4.1)
4.
State of Assam -Directions to be complied with:
(i)
In terms of directions contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction contained in para 100.7, it is directed that
the State shall provide details of Special Courts constituted and
the necessary steps taken for creation of Additional Special
Courts and its stage.
(iii) In terms of direction contained in para 100.9, it has been
disclosed that bail applications under Section 440 of CrPC have
not been received in relation to prisoners, therefore needful
be done.
(iv) Compliance with order dated 21.03.2023 passed by this Court:
(a) To circulate the judgment passed by this Court in Siddharth
(Supra) and Satender Kumar Antil (Supra).
(b) To train and update the prosecutors on a periodical basis
and provide details of the same.
4.1 High Court of Gauhati -Directions to be complied with:
(i)
In terms of directions contained in para 100.2 and 100.3, there
is a contrary stand that conditions in relation to Sections 41 and
41-A of CrPC and Arnesh Kumar have been complied with, yet
[2024] 2 S.C.R.
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Satender Kumar Antil v. Central Bureau of Investigation and Anr.
bail has been granted, therefore the High Court is directed to
inform about clear instances of the same. Specific emphasis
shall be laid on the reports of district Barpeta, Biswanath and
Dimahasao as per the affidavit filed.
(ii)
In terms of directions contained in para 100.7, details as to the
number of Special Courts created and the need for creation of
more Special Courts shall be provided.
(iii) In terms of directions contained in para 100.8 and 100.9, the
High Court should inform this Court as to the steps taken for
a list of identified prisoners who are unable to comply with bail
conditions and why sureties are not being produced in many
cases though bail stands granted and what steps have been
taken to alleviate this situation.
(iv) In terms of direction contained in para 100.9, it has been
disclosed that bail applications under Section 440 of CrPC have
not been received in relation to prisoners, therefore needful
be done.
(v)
In terms of direction contained in order dated 03.02.2023,
the High Court should inform on compliance for inclusion of
Siddharth (Supra) and Satender Kumar Antil (Supra) in the
curriculum of judicial academy, because it seems that there is
no amendment to the curriculum of the State Judicial Academy.
5.
State of Bihar -Directions to be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction contained in para 100.7, it appears that
there is 1 vacancy out of 74 in Bihar Prohibition and Excise
Courts and 3 out of 14 in Schedule Castes and Scheduled
Tribes Courts. However, no further information is provided for
filling the said vacancies. Therefore, it is directed that the State
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shall provide details of the same and also about the Special
Courts constituted and the necessary steps taken for creation
of Additional Special Courts and its stage.
(iii) Compliance with order dated 21.03.2023 passed by this Court:
(a) To train and update the prosecutors on a periodical basis
and provide details of the same.
5.1 High Court of Patna -Directions to be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
There is part compliance of the directions issued in para 100.3,
100.5, and 100.11 in districts such as Aurangabad, Aaria and
Banka. Therefore, it is directed that a complete compliance shall
be made in respect of these paragraphs and districts thereof.
(iii) So far as para 100.6 is concerned, it is reported that certain
districts such as Bhagalpur, Munger, Patna, and Chappra are
not in compliance. Therefore, it is directed that compliance for
the same shall be made.
(iv) In terms of direction contained in para 100.7, it is directed that
the High Court shall provide details of Special Courts constituted
and the necessary steps taken for creation of Additional Special
Courts and its stage. The High Court is also directed to inform
about the steps being undertaken to fill the existing vacancies.
(v)
As per the report, the directions contained in para 100.9 has been
partly complied with. Therefore, it is directed that necessary steps
shall be taken to ensure complete compliance of this direction.
(vi) The direction contained in para 100.10 is not complied with in
District Bhagalpur, Munger, Gopalganj, Patna and Chappra.
Therefore, necessary steps shall be taken to ensure complete
compliance.
[2024] 2 S.C.R.
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Satender Kumar Antil v. Central Bureau of Investigation and Anr.
(vii) In terms of direction contained in order dated 03.02.2023,
the High Court should inform on compliance for inclusion of
Siddharth (Supra) and Satender Kumar Antil (Supra) in the
curriculum of judicial academy.
(viii) To inform on whether the judgment in Satender Kumar Antil
(Supra) is being applied to petitions under Section 438 of CrPC.
6.
Union Territory of Chandigarh -Directions to be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction contained in para 100.7, it is directed
that the Union Territory shall provide details of Special Courts
constituted and the necessary steps taken for creation of
Additional Special Courts and its stage.
(iii) Compliance with order dated 21.03.2023 passed by this Court:
(a) In terms of the above referred order, we direct the Union
Territory to ensure that the prosecutors are stating the
correct position of law as per the judgment passed by
this Court in Siddharth (Supra) and Satender Kumar Antil
(Supra).
(b) To circulate the judgment passed by this Court in Siddharth
(Supra) and Satender Kumar Antil (Supra).
(c)
To train and update the prosecutors on a periodical basis
and provide details of the same.
6.1 High Court of Punjab and Haryana (Refer to Serial No. 28.1)
7.
State of Chhattisgarh -Directions to be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
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41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction contained in para 100.7, it is directed that
the State shall provide details of Special Courts constituted and
the necessary steps taken for creation of Additional Special
Courts and its stage.
(iii) The affidavit filed by the State has a tabular chart in which
data provided does not divulge into whether adherence to
the directions is being done as most columns are filled as
'N/A'. We expect that detailed information will be filed in
respect of all columns to appreciate the implementation of
the directions.
(iv) Compliance with order dated 21.03.2023 passed by this Court:
(a) It appears from the affidavit filed by State that there is no
clarity as to whether any training has been carried out or
not. Therefore, details of the same shall be provided and
if no training programme has been conducted, then the
same shall be done periodically.
7.1 High Court of Chhattisgarh -Directions to be complied with:
(i)
In terms of the directions contained in para 100, it was directed
that the compliance of these directions will be indicated by
way of a detailed model tabular chart. However, that has
not been done. Therefore, a detailed tabular chart shall be
filed for those directions that fall within the domain of the
High Court.
(ii)
To inform on whether the judgment in Satender Kumar Antil
(Supra) is being applied to petitions under Section 438 of
CrPC.
(iii) In terms of direction contained in order dated 03.02.2023,
the High Court should inform on compliance for inclusion of
Siddharth (Supra) and Satender Kumar Antil (Supra) in the
curriculum of judicial academy.
[2024] 2 S.C.R.
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Satender Kumar Antil v. Central Bureau of Investigation and Anr.
(iv) In terms of direction contained in para 100.7, it is directed that
the High Court shall provide details of Special Courts constituted
and the necessary steps taken for creation of Additional Special
Courts and its stage. The High Court is also directed to inform
about the steps being undertaken to fill the existing vacancies.
8.
Union Territory of Dadra and Nagar Haveli and Daman and Diu
-Directions to be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction contained in para 100.7, it is directed
that the Union Territory shall provide details of Special Courts
constituted and the necessary steps taken for creation of
Additional Special Courts and its stage. The Union Territory is
also directed to inform about the steps being undertaken to fill
the existing vacancies.
8.1 High Court of Bombay (Refer to Serial No. 21.1)
9.
National Capital Territory of Delhi -Directions to be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction contained in para 100.7, it is directed
that the Union Territory shall provide details of Special Courts
constituted and the necessary steps taken for creation of
Additional Special Courts and its stage.
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9.1 High Court of Delhi -Directions to be complied with:
(i)
In terms of directions contained in para 100.2 and 100.3, there
is a contrary stand that conditions in relation to Sections 41 and
41-A of CrPC and Arnesh Kumar (Supra) have been complied
with, yet bail has been granted. Therefore, the High Court is
directed to inform about clear instances of the same.
(ii)
In terms of directions contained in para 100.5, there is part
compliance as per chart 'A', however certain Courts have not
complied with the same. Therefore, it is directed that needful
be done for complete compliance.
(iii) In terms of directions contained in para 100.6, there is part
compliance in the districts as per the affidavit. Therefore, it is
directed that needful be done for complete compliance.
(iv) In terms of directions contained in para 100.8 and 100.9, the
High Court should inform this Court as to the steps taken for
a list of identified prisoners who are unable to comply with
bail conditions and what steps have been taken to alleviate
this situation.
(v)
In terms of direction contained in para 100.9, it has been
disclosed that bail applications under Section 440 of CrPC
have not been received in relation to prisoners. Therefore,
needful be done.
(vi) To inform on whether the judgment in Satender Kumar Antil
(Supra) is being applied to petitions under Section 438 of CrPC.
10. State of Goa -Directions to be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction contained in para 100.7, it is directed that
the State shall provide details of Special Courts constituted
[2024] 2 S.C.R.
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Satender Kumar Antil v. Central Bureau of Investigation and Anr.
and the necessary steps taken for creation of Additional
Special Courts and its stage. The State is also directed to
inform about the steps being undertaken to fill the existing
vacancies.
(iii) Compliance with order dated 21.03.2023 passed by this Court:
(a) In terms of the above referred order, we direct the State
to ensure that the prosecutors are stating the correct
position of law as per the judgment passed by this Court
in Siddharth (Supra) and Satender Kumar Antil (Supra).
(b) To circulate the judgment passed by this Court in Siddharth
(Supra) and Satender Kumar Antil (Supra)
(c)
To train and update the prosecutors on a periodical basis
and provide details of the same.
10.1 High Court of Bombay (Refer to Serial No. 21.1)
11. State of Gujarat -Directions to be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction in para 100.7, the State is directed to give
details of the number of Special Courts constituted and whether
any steps are underway for creation of Additional Special Courts
and at what stage.
(iii) Compliance with order dated 21.03.2023 passed by this Court:
(a) The State is directed to issue directions to the Prosecutors
to place on record the correct legal position as per Siddharth
(Supra) and Satender Kumar Antil vs. CBI (Supra).
(b) The State is directed to ensure the circulation of judgment
of Siddharth (Supra) and Satender Kumar Antil (Supra)
to Prosecutors, and
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(c)
The State is directed to train and update the Prosecutors
on a periodical basis and provide details of the same.
11.1 High Court of Gujarat -Directions to be complied with:
(i)
In terms of the directions issued in Para 100.2, bail is being
granted for non-compliance of Sections 41 and 41-A of CrPC
in districts such as Botad, Chhotadeupur, Junagadh and Surat.
However, it has been stated that the directions of Sections 41
and 41-A of CrPC are being complied with. As both situations
cannot co-exist, the High Court is directed to provide details
pertaining to the compliance of the aforesaid directions. Also,
in terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of the directions issued in Paras 100.5 and 100.6, it
is found that the same have been complied with only partially.
The High Court is directed to ensure complete and uniform
compliance of the same and furnish information in this regard.
(iii) In terms of the directions issued in Para 100.7, the High Court
is directed to furnish information regarding its compliance.
(iv) In terms of the directions issued in Para 100.8, the High Court is
directed to provide detailed information regarding the measures
taken for those prisoners who have not been able to furnish
sureties despite grant of bail.
(v)
In terms of the directions issued in Para 100.10, the High
Court is directed to ensure compliance of the same and furnish
information.
(vi) To inform on whether the judgment in Satender Kumar Antil
(Supra) is being applied to petitions under Section 438 of CrPC.
(vii) In terms of direction contained in order dated 03.02.2023,
the High Court should inform on compliance for inclusion of
Siddharth (Supra) and Satender Kumar Antil (Supra) in the
curriculum of judicial academy.
12. State of Haryana -Directions to be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
[2024] 2 S.C.R.
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Satender Kumar Antil v. Central Bureau of Investigation and Anr.
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction contained in Para 100.7, the State is directed
to give details of the number of Special Courts constituted
and whether any steps are underway for creation of Additional
Special Courts and at what stage.
(iii) Compliance with order dated 21.03.2023 passed by this Court;
(a) The State is directed to issue directions to Prosecutors to
place on record the correct legal position as per Siddharth
(Supra) and Satender Kumar Antil (Supra),
(b) The State is directed to ensure circulation of judgment in
Siddharth (Supra) and Satender Kumar Antil (Supra) to
Prosecutors, and
(c)
The State is directed to train and update Prosecutors on
a periodical basis and provide details of the same.
12.1 High Court of Punjab and Haryana (Refer to Serial No. 28.1)
13. State of Himachal Pradesh -Directions to be complied with:
(i)
In terms of direction contained in para 100.2, it is directed to
provide the particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41,
41-A of CrPC and Arnesh Kumar (Supra) has not been followed
and consequently to provide the details of necessary actions
that have been taken against erring police officers. Also, in
terms of direction contained in para 100.2, information has to
be provided as to whether the Standing Order is being complied
with by Investigating Officers.
(ii)
In terms of direction contained in para 100.7, the State is directed
to give details of the number of Special Courts constituted
and whether any steps are underway for creation of Additional
Special Courts and at what stage.
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(iii) Provide detailed Tabular chart (Part A) and steps taken to
facilitate release of undertrial prisoners who continue to be in
jail despite grant of bail.
13.1 High Court of Himachal Pradesh -Directions to be complied
with:
(i)
In terms of the directions issued under Para 100.7, the High
Court is directed to furnish information regarding the requirement
of Special Courts and the status of any proposals for the same.
(ii)
In terms of directions issued under Para 100.8, the High Court is
directed to ensure compliance and furnish information regarding
steps taken to alleviate the conditions of the prisoners who have
been identified as not being able to furnish sureties despite bail
having been granted.
(iii) In terms of the directions issued under Para 100.9, the High
Court is directed to ensure compliance as to the filing of bail
applications on behalf of undertrial prisoners and to furnish
information on the same.
(iv) To inform on whether the judgment in Satender Kumar Antil
(Supra) is being applied to petitions under Section 438 of CrPC.
(v)
In terms of direction contained in order dated 03.02.2023,
the High Court should inform on compliance for inclusion
of Siddharth (Supra) and Satender Kumar Antil (Supra) in
curriculum of judicial academy.
14. Union Territory of Jammu and Kashmir -Directions to be complied
with:
(i)
In terms of direction contained in para 100.2, the Union Territory
is directed to provide the particulars of First Information Reports
of cognizable and non-bailable cases in which the mandate
of Sections 41, 41-A of CrPC and Arnesh Kumar (Supra) has
not been followed and consequently to provide the details of
necessary actions that have been taken against erring police
officers.