Supreme Court of India
SATENDER KUMAR ANTILversusCENTRAL BUREAU OF INVESTIGATION AND ANR.
- Citation
- 2024 INSC 134
- Decided
- 13 February 2024
- Disposal
- Directions issued
Holding
All directions contained in paragraphs 100.2 to 100.11 of Satender Kumar Antil (Supra) are required to be complied with by the States, Union Territories, CBI and High Courts as per the stipulated schedule, and further detailed directions including an SOP for poor prisoners are issued.
Summary
The Supreme Court reviewed the compliance report filed by an amicus curiae regarding the implementation of its earlier directions in Satender Kumar Antil v. CBI. It examined whether States, Union Territories, the CBI, and High Courts had adhered to specific directives concerning Sections 41, 41A, 438, 440, 88, 170, 204, 209 and 436A of the CrPC, as well as the inclusion of the judgment in judicial academy curricula. The Court found partial and inconsistent compliance, noting contradictions in bail practices and gaps in the establishment of Special Courts. Consequently, it reaffirmed that all directions in paragraphs 100.2 to 100.11 of the earlier judgment must be complied with and issued further detailed directions, including a Standard Operating Procedure for supporting poor under‑trial and convicted prisoners. The order also mandated filing of fresh compliance affidavits within eight weeks and set a schedule for monitoring compliance.
Issues considered
- Whether the States, Union Territories, CBI and High Courts have complied with the Supreme Court's directions in Satender Kumar Antil regarding Sections 41, 41A, 438, 440, 88, 170, 204, 209 and 436A of the CrPC.
- Whether bail practices are consistent with the directives and the Arnesh Kumar judgment.
- How to ensure the inclusion of the Satender Kumar Antil and Siddharth judgments in the curricula of State Judicial Academies.
- Implementation of a Standard Operating Procedure for financial support to poor under‑trial and convicted prisoners.
- The mechanism for reporting and monitoring compliance by the various stakeholders.
Legislation cited
- Code of Criminal Procedure, 1973s. 170, s. 204, s. 209, s. 41, s. 41A, s. 436A, s. 438, s. 440, s. 88
Subjects
Supreme Court directionsCompliance of directions in Satender Kumar Antil caseStandard Operating ProcedureUndertrial prisonersConvicted prisoners
Judgment
[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. 1081
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
1082 [2024] 2 S.C.R.
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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. 1083
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,
1084 [2024] 2 S.C.R.
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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. 1085
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. 1087
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. 1089
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.
1090 [2024] 2 S.C.R.
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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. 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 Union Territory
is directed to give details of the number of Special Courts
[2024] 2 S.C.R. 1091
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
constituted and whether any steps are underway for creation
of Additional Special Courts and at what stage.
14.1 High Court of Jammu and Kashmir and Ladakh -Directions
to be complied with:
(i) Regarding the directions in Para 100.2, discrepancy is noted
in districts such as Jammu, Ramban and Bandipora, wherein
it is stated that there is compliance of Sections 41 and 41-A
of CrPC, yet bail is being granted for non-compliance of the
same which is contradictory to each other. The High Court is
directed to ensure proper compliance and furnish information
on the same.
(ii) With regards to the directions issued in para 100.5, discrepancy
is noted in the affidavits dated 09.03.2023, which shows “yes”
under the relevant column, while the affidavit dated 11.04.2023
shows “N/A”. The High Court is directed to ensure compliance
of the aforementioned directions and furnish information on
the same.
(iii) In terms of directions issued in Para 100.7, the High Court is
directed to ensure compliance and furnish information regarding
the constitution of Special Courts in consultation with the Union
Territory.
(iv) In terms of the directions issued in paras 100.8 and 100.9, the
High Court should inform this Court as to whether any steps have
been taken to identify prisoners who are unable to comply with
bail conditions and unable to furnish sureties in many cases,
and what steps have been taken to alleviate this situation.
(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.
(vi) To inform on whether the judgment in Satender Kumar Antil
(Supra) is being applied to petitions under Section 438 of CrPC.
15. State of Jharkhand -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,
1092 [2024] 2 S.C.R.
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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, 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 circulate the judgment in Siddharth
(Supra) and Satender Kumar Antil (Supra) to Prosecutors.
(c) The State is directed to train and update the Prosecutors
on a periodical basis and provide details of the same.
15.1 High Court of Jharkhand -Directions to be complied with:
(i) In terms of the directions issued in para 100.2, it is noted that
in districts such as Godda and East Singhbhum, bail has been
granted for non-compliance of Sections 41 and 41-A of CrPC,
while it has been mentioned that the conditions as stipulated
in the statutory provisions are being complied with which are
contradictory to each other. The High Court is directed to furnish
information regarding such discrepancy.
(ii) The directions in Para 100.5 have not been complied with in
certain districts such as Bokaro, West Singhbhum, Godda,
Chatra, Dumka. The High Court is directed to ensure compliance
of the same and furnish information.
(iii) In terms of the directions issued in Para 100.7, the High Court
is directed to ensure compliance and furnish information
regarding the constitution of Special Courts and whether any
steps are underway for creation of Additional Special Courts
and at what stage.
[2024] 2 S.C.R. 1093
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
(iv) The High Court is directed to ensure compliance with the
directions of para 100.8 and furnish information on the steps
taken to alleviate the situations of prisoners who are not able
to furnish sureties despite grant of bail.
(v) The High Court is directed to ensure compliance with the
directions issued in Para 100.9, and furnish information on
the same.
(vi) To inform on whether the judgment in Satender Kumar Antil
(Supra) is being applied to petitions under Section 438 of CrPC.
16. State of Karnataka -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 the direction in para 100.7, the State is directed
to give the details of the number of Special Courts constituted
and whether any steps are underway for creation of Additional
Special Courts and at what stage.
16.1 High Court of Karnataka -Directions to be complied with:
(i) To ensure uniform compliance of the directions issued in para
100.5 and furnish information on the same.
(ii) To ensure compliance of the directions issued in para 100.7 and
furnish information in consultation with the State Government
regarding constitution of any Additional Special Courts, as well
as the steps taken to resolve the vacancy in the Special Courts
already constituted.
(iii) To ensure compliance with the directions issued in para 100.9
and to furnish information on the same.
(iv) To ensure uniform compliance of the directions issued in
para 100.10 as it has been noted that only a few districts
1094 [2024] 2 S.C.R.
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such as Chitradurg, Kolar and Raichur have complied with
the same. The High Court is directed to ensure uniform
compliance by all districts concerned and furnish information
on the same.
(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.
17. State of Kerala -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) The State is directed to give details of steps taken to ensure
compliance of direction contained in Para 100.5 in the districts
of Kollam, Pathanamthitta, Kalpetta and Kasargod, as it appears
from the Additional compliance affidavit dated 14.04.2023 filed
by the State that the aforementioned districts have not complied
with the said direction.
(iii) In terms of the directions 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 the creation of Additional Special Courts and at what
stage and whether the vacancies that existed then have
been filled now.
(iv) State is directed to give details of steps taken to ensure
release of undertrial prisoners who are unable to comply with
bail conditions.
(v) Compliance with order dated 21.03.2023 passed by this Court:
(a) The State is directed to provide training to Prosecutors on
a periodical basis and provide details of the same.
[2024] 2 S.C.R. 1095
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
17.1 High Court of Kerala -Directions to be complied with:
(i) Directions issued in para 100.5 are shown to be only partly
complied with. The High Court is directed to ensure complete
compliance and furnish information on the same.
(ii) In terms of direction contained in para 100.7, the High Court
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) The High Court is directed to ensure compliance with the terms
of para 100.8 and furnish information regarding the steps taken
to alleviate the conditions of the prisoners.
(iv) To ensure compliance with the directions issued in para 100.9
and furnish information on the same.
(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.
(vi) To inform on whether the judgment in Satender Kumar Antil
(Supra) is being applied to petitions under Section 438 of CrPC.
18. Union Territory of Ladakh -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 the 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, the Union Territory
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.
18.1 High Court of Jammu and Kashmir and Ladakh (Refer to
Serial No. 14.1)
1096 [2024] 2 S.C.R.
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19. Union Territory of Lakshadweep -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 the 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 Union Territory
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 Union Territory 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 Union Territory is directed to circulate the judgment
in Siddharth (Supra) and Satender Kumar Antil (Supra)
to Prosecutors.
(c) The Union Territory is directed to train and update the
Prosecutors on a periodical basis and provide details of
the same.
19.1 High Court of Kerala (Refer to Serial No. 17.1)
20. State of Madhya 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.
(ii) In terms of the direction contained in para 100.7, the State
is directed to give details of the number of Special Courts
[2024] 2 S.C.R. 1097
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
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,
(c) The State is directed to provide training and update
Prosecutors on a periodical basis and provide details of
the same
20.1 High Court of Madhya Pradesh -Directions to be complied
with:
(i) In terms of the directions issued in para 100.2, it is noted that
there is discrepancy insofar as bail is being granted on non-
compliance of Sections 41 and 41-A, however, it is also stated
that the statutory provisions are being complied with. Since the
two situations cannot co-exist, the High Court is directed to
ensure uniform compliance and furnish information on the same.
(ii) In terms of para 100.5, the High Court is directed to ensure
uniform compliance and furnish information on the same
(iii) In terms of the 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.
(iv) To ensure compliance with the directions issued in para 100.8,
100.9 and 100.10 and furnish information regarding the same.
(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 the judicial academy.
(vi) To inform on whether the judgment in Satender Kumar Antil
(Supra) is being applied to petitions under Section 438 of CrPC.
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21. State of Maharashtra -Directions to be complied with:
(i) From perusal of records, we find that the State of Maharashtra
alone has not filed compliance affidavits as per the directions
issued in Satender Kumar Antil (Supra) and subsequent orders
passed by this Court. Therefore, the State is directed to file
a detailed compliance affidavit as per Satender Kumar Antil
(Supra) and subsequent orders passed by this court within a
period of 8 weeks and the same shall also be circulated with
learned amicus who upon perusal shall file a report within 2
weeks thereafter.
21.1 High Court of Bombay -Directions to be complied with:
(i) In terms of direction contained in para 100.2, as per report,
compliance has been made. However, no details have been
furnished on whether bail is being granted or not. Therefore, a
detailed affidavit on this count shall be filed.
(ii) In terms of direction contained in para 100.3 and 100.5,
there is part compliance of direction, since it is revealed that
some District Courts such as Dhule, Nandurbar, Parbhani
and Ratnagiri are asking for bail applications despite filing of
chargesheet without arrest. Furthermore, in respect of South
Goa and Dadra and Nagar Haveli there is non-compliance,
therefore, it is directed that necessary steps shall be taken in
respect of these districts and an affidavit indicating compliance
shall be filed.
(iii) In terms of direction contained in para 100.7, the affidavit does
not indicate anything on constitution of Special Courts and
existing vacancies thereof except for a statement indicating
details of Special Courts constituted under 7 different statutes.
(iv) In terms of direction contained in para 100.8, no information
has been provided about identification of under trial prisoners
and action taken in view of Section 440 of CrPC. Therefore, it
is directed that immediate steps shall be taken in this regard.
(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.
[2024] 2 S.C.R. 1099
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
(vi) To inform on whether the judgment in Satender Kumar Antil
(Supra) is being applied to petitions under Section 438 of CrPC.
22. State of Manipur -Directions to be complied with:
(i) In terms of direction contained in para 100.2, it is directed to
provide 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 para 100.7, it is directed that the State shall provide
details of whether any steps are underway for creation of Special
Courts and Additional Special Courts and if so, then at what
stage. Furthermore, details of assessment as to the High Court’s
request for 3 Special Courts shall also be provided.
(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.
22.1 High Court of Manipur -Directions to be complied with:
(i) In terms of directions contained in para 100.2, it has come to
our attention that there are certain Courts namely JMFC Imphal
East, JMFC Jiribam and JMFC Thoubal where bail has been
granted in non-compliance of Sections 41 & 41-A of CrPC. State
affidavit is silent on the disciplinary or administrative action as
indicated in the Standing Order. The same is mandated to be
duly furnished.
(ii) In terms of directions contained in para 100.7, it has been stated
that the High Court is pursuing with the State Government for
constituting three Additional Special Courts. The latest status
of the same needs to be duly updated.
(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
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bail conditions and unable to furnish sureties in many cases,
though bail stands granted and what steps have been taken
to alleviate this situation.
(iv) In terms of directions contained in para 100.11, there is no
adequate compliance and incomplete information with respect
to some of the Courts has been provided. Therefore, needful
be done in this regard. The relevant information should also
be furnished.
(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.
(vi) To furnish information on whether the directions of Satender
Kumar Antil (Supra) is being applied to petitions under Section
438 of CrPC or not.
23. State of Meghalaya -Directions to be complied with:
(i) In terms of direction contained in para 100.2, it is directed to
provide 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 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.
23.1 High Court of Meghalaya -Directions to be complied with:
(i) In terms of directions contained in para 100.7, it has come to
our attention that the affidavit of the High Court is silent over
the constitution of Special Courts in consultation with the State
Government. The latest status of the same needs to be duly
updated and furnished.
(ii) In terms of directions contained in para 100.8 and 100.9, the
High Court has identified nearly 42 prisoners who are not able
[2024] 2 S.C.R. 1101
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
to furnish sureties despite bail. Detailed information and steps
taken to alleviate the situation have however not been provided.
Therefore, needful be done in this regard.
(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.
(iv) To furnish information on whether the directions of Satender
Kumar Antil (Supra) is being applied to petitions under Section
438 of CrPC or not.
24. State of Mizoram -Directions to be complied with:
(i) In terms of direction contained in para 100.2, it is directed to
provide 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
has 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 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.
24.1 High Court of Gauhati (Refer to Serial No: 4.1)
25. State of Nagaland -Directions to be complied with:
(i) In terms of direction contained in para 100.2, it is directed to
provide 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 para 100.7, it is directed that the State shall
provide details of Special Courts constituted and the
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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 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.
25.1 High Court of Gauhati (Refer to Serial No: 4.1)
26. State of Odisha -Directions to be complied with:
(i) In terms of direction contained in para 100.2, it is directed to
provide 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 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) To train and update the prosecutors on a periodical basis
and provide details of the same.
26.1 High Court of Odisha -Directions to be complied with:
(i) In terms of directions contained in para 100.2, it has come to
our attention that there is contradiction in the same inasmuch
as if there is compliance of Arnesh Kumar (Supra) vis-à-vis
compliance of Sections 41 and 41-A of CrPC., then bail ought
not to have been granted due to non-compliance of the same.
The position on the same is mandated to be clarified and duly
furnished.
(ii) In terms of directions contained in para 100.5, there is partial
non-compliance insofar as several districts are insisting for bail
[2024] 2 S.C.R. 1103
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
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, it has come to
our attention that the affidavit of the High Court is silent over the
constitution of Special Courts in consultation with the respective
State Government. The latest status of the same needs to be
duly updated and furnished.
(iv) In terms of directions contained in para 100.8 and 100.9, though
the High Court has endeavoured to identify prisoners who are
unable to comply with the bail conditions and is stated to have
informed them about their rights under Section 440 of CrPC,
however, subsequently no bail applications were received under
Section 440 of CrPC in most districts. Therefore, the High Court
is required to inform on its compliance alone.
(v) In terms of directions contained in para 100.11, there is partial
non-compliance in some districts as regular bail applications
are not decided within two weeks. Therefore, needful be done
in this regard and compliance of the same be ensured. The
relevant information should also be furnished.
(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 furnish information on whether the directions of Satender
Kumar Antil (Supra) is being applied to petitions under Section
438 of CrPC or not.
27. Union Territory of Puducherry -Directions to be complied with:
(i) In terms of direction contained in para 100.2, it is directed to
provide 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
has 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.
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(ii) In terms of para 100.7, it is directed that the Union Territory
shall provide details of Special Courts constituted and the
necessary steps taken for the 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.
27.1 High Court of Madras (Refer to Serial No: 31.1)
28. State of Punjab -Directions to be complied with:
(i) In terms of direction contained in para 100.2, it is directed to
provide 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 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.
28.1 High Court of Punjab and Haryana -Directions to be
complied with:
(i) In terms of the directions issued in Para 100.2 and 100.3,
bail has been granted in non-compliance of Sections 41 and
41-A of CrPC, notably in districts such as Amritsar, Kapurthala
and Mansa. On the basis of the compliance affidavit dated
10.11.2022, it is noted that bail has been granted for non-
[2024] 2 S.C.R. 1105
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
compliance even though it has been stated that there is
compliance of the said directions. Since both situations cannot
co-exist and are self-contradictory, the High Court is directed
to report on the compliance of the aforementioned directions.
(ii) In terms of directions contained in para 100.5, there is partial
non-compliance insofar as several districts are insisting for 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, it has come to
our attention that the affidavit of the High Court is silent over
the constitution of Special Courts in consultation with the State
Government. The latest status of the same needs to be duly
updated and furnished.
(iv) In terms of directions contained in para 100.8, though the High
Court has identified prisoners who are unable to furnish sureties
despite bail, detailed information and steps taken to alleviate
the situation has however not been provided. Therefore, needful
be done in this regard.
(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.
(vi) To furnish information on whether the directions in Satender
Kumar Antil (Supra) is being applied to petitions under Section
438 of CrPC or not.
29. State of Rajasthan -Directions to be complied with:
(i) In terms of direction contained in para 100.2, it is directed to
provide particulars of First Information Reports of cognizable
and non-bailable cases in which the mandate of Sections 41
and 41-A of CrPC has not been followed, and consequently to
provide the details of necessary actions that have been taken
against erring police officers.
(ii) In terms of 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.
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(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 final outcome of the same.
29.1 High Court of Rajasthan -Directions to be complied with:
(i) In terms of directions contained in para 100.7, it has come to
our attention that the affidavit of the High Court is silent over the
constitution of Special Courts in consultation with the respective
State Government. The latest status of the same needs to be
duly updated and furnished.
(ii) In terms of directions contained in para 100.8 and 100.9, though
the High Court has endeavoured to identify prisoners who are
unable to comply with the bail conditions and is stated to have
informed them about their rights under Section 440 of CrPC.
However, subsequently no bail applications were received under
Section 440 of CrPC in most districts. Therefore, the High Court
is required to inform on its compliance alone.
(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
judicial academy curriculum.
(iv) To furnish information on whether the directions of Satender
Kumar Antil (Supra) is being applied to petitions under Section
438 of CrPC or not.
30. State of Sikkim -Directions to be complied with:
(i) In terms of direction contained in para 100.2, it is directed to
provide 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 also 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 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.
[2024] 2 S.C.R. 1107
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
30.1 High Court of Sikkim -Directions to be complied with:
(i) In terms of the directions issued in Para 100.2 and 100.3, bail
has been granted in non-compliance of Sections 41 and 41-A
of CrPC. On the basis of the compliance affidavit, it is noted
that bail has been granted for non-compliance even though it
has been stated that there is compliance of the said directions.
Since both situations cannot co-exist and are self-contradictory,
the High Court is directed to report on the compliance of the
aforementioned directions.
(ii) In terms of directions contained in para 100.7, it has come to
our attention that the affidavit of the High Court is silent over
the constitution of Special Courts in consultation with the State
Government. The latest status of the same needs to be duly
updated and furnished.
(iii) In terms of directions contained in para 100.8 and 100.9, though
the High Court has endeavoured to identify prisoners who are
unable to comply with the bail conditions and is stated to have
informed them about their rights under Section 440 of CrPC,
however, subsequently no bail applications were received under
Section 440 of CrPC in most districts. Therefore, the High Court
is required to inform on its compliance alone.
(iv) In terms of directions contained in para 100.11, there is partial
non-compliance in some districts as regular bail applications
are not decided within two weeks. Therefore, needful be done
in this regard and compliance be ensured. It is also to be noted
that most of the districts show the data as Nil and in some
cases N/A against the Anticipatory Bail column. The relevant
data needs to be furnished in detail.
31. State of Tamil Nadu -Directions to be complied with:
(i) In terms of direction contained in para 100.2, it is directed to
provide 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.
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(ii) In terms of 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) 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.
31.1 High Court of Madras -Directions to be complied with:
(i) In terms of the directions issued in Para 100.2 and 100.3, bail
has been granted in non-compliance of Sections 41 and 41-A
of CrPC. On the basis of the compliance affidavit, it is noted
that bail has been granted for non-compliance even though it
has been stated that there is compliance of the said directions.
Since both situations cannot co-exist and are self-contradictory,
the High Court is directed to report on the compliance of the
aforementioned directions.
(ii) In terms of directions contained in para 100.5, there is partial
non-compliance insofar as some district courts are insisting for
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 100.8 and 100.9, though
the High Court has endeavoured to identify prisoners who are
unable to comply with the bail conditions and is stated to have
informed them about their rights under Section 440 of CrPC,
however, subsequently no bail applications were received under
Section 440 of CrPC in most districts. Therefore, the High Court
is required to inform on its compliance alone.
(iv) In terms of directions contained in para 100.11, there is partial
non-compliance in some districts as regular bail applications are
not decided within two weeks. Therefore, needful be done in this
regard and compliance be ensured. The relevant information
should also be furnished.
(v) To furnish information on whether the directions of Satender
Kumar Antil (Supra) is being applied to petitions under Section
438 of CrPC or not.
[2024] 2 S.C.R. 1109
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
32. State of Telangana -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 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 circulate the judgment passed by this Court in Siddharth
(Supra) and Satender Kumar Antil (Supra).
32.1 High Court of Telangana -Directions to be complied with:
(i) In terms of the directions issued in Para 100.2 and 100.3, bail
has been granted in non-compliance of Sections 41 and 41-A
of CrPC. On the basis of the compliance affidavit, it is noted
that bail has been granted for non-compliance even though it
has been stated that there is compliance of the said directions.
Since both situations cannot co-exist and are self-contradictory,
the High Court is directed to report on the compliance of the
aforementioned directions.
(ii) In terms of directions contained in para 100.5, there is partial
non-compliance insofar as some district courts are insisting for
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 100.8 and 100.9, though
the High Court has endeavoured to identify prisoners who are
unable to comply with the bail conditions and is stated to have
informed them about their rights under Section 440 of CrPC,
however, subsequently no bail applications were received under
Section 440 of CrPC in most districts. Therefore, the High Court
is required to inform on its compliance alone.
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(iv) To furnish information on whether the directions of Satender
Kumar Antil (Supra) is being applied to petitions under Section
438 of CrPC or not.
(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.
33. State of Tripura -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 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 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.
31.1 High Court of Tripura -Directions to be complied with:
(i) In terms of the directions issued in Para 100.2 and 100.3, bail
has been granted in non-compliance of Sections 41 and 41-A
of CrPC. On the basis of the compliance affidavit, it is noted
that bail has been granted for non-compliance even though it
[2024] 2 S.C.R. 1111
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
has been stated that there is compliance of the said directions.
Since both situations cannot co-exist and are self-contradictory,
the High Court is directed to report on the compliance of the
aforementioned directions.
(ii) In terms of directions contained in para 100.5, there is non-
compliance insofar as District courts are insisting for 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 100.8 and 100.9, though
the High Court has endeavoured to identify prisoners who are
unable to comply with the bail conditions and is stated to have
informed them about their rights under Section 440 of CrPC,
however, subsequently no bail applications were received under
Section 440 of CrPC in most districts. Therefore, the High Court
is required to inform on its compliance alone.
(iv) To furnish information on whether the directions of Satender
Kumar Antil (Supra) is being applied to petitions under Section
438 of CrPC or not.
(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.
34. State of Uttarakhand -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 and
the necessary steps taken for creation of Additional Special
Courts and its stage.
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34.1 High Court of Uttarakhand -Directions to be complied with:
(i) In terms of the directions issued in Para 100.2 and 100.3, bail
has been granted in non-compliance of Sections 41 and 41-A
of CrPC. On the basis of the compliance affidavit, it is noted
that bail has been granted for non-compliance even though it
has been stated that there is compliance of the said directions.
Since both situations cannot co-exist and are self-contradictory,
the High Court is directed to report on the compliance of the
aforementioned directions.
(ii) In terms of directions contained in para 100.5, there is non-
compliance insofar as some District courts are insisting for 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 100.8 and 100.9, though
the High Court has endeavoured to identify prisoners who are
unable to comply with the bail conditions and is stated to have
informed them about their rights under Section 440 of CrPC,
however, subsequently no bail applications were received under
Section 440 of CrPC in most districts. Therefore, the High Court
is required to inform on its compliance alone.
(iv) In terms of directions contained in para 100.11, there is partial
non-compliance in some districts as regular bail applications
are not decided within two weeks. Therefore, the needful be
done in this regard and compliance be ensured. The relevant
information should also be furnished.
(v) To furnish information on whether the directions of Satender
Kumar Antil (Supra) is being applied to petitions under Section
438 of CrPC or not.
35. State of Uttar 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
[2024] 2 S.C.R. 1113
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
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 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.
35.1 High Court of Allahabad -Directions to be complied with:
(i) In terms of the compliance of the directions issued in Para
100.2, the affidavit submitted highlights discrepancy, wherein
information highlights compliance of Sections 41 and 41-A of
CrPC, however, bail is being granted due to non-compliance of
the same in certain districts such as Barabanki, Farrukhabad,
Kansiram Nagar, Lakhimpur Kheri, and Moradabad. Since the
two conditions cannot co-exist, the High Court is directed to
ensure uniform compliance and furnish information on the same.
(ii) In terms of the directions issued in Para 100.5, the High Court is
directed to ensure compliance to the effect that bail applications
should not be insisted upon in applications under Sections 88,
170, 204 and 209 of CrPC as they are being insisted upon in
certain districts such Agra, Chitrakoot and Sambhal, and to
furnish information on the same.
(iii) In terms of the directions issued in Para 100.6, the High Court
is directed to ensure compliance of the same and furnish
information.
(iv) In terms of the directions issued in Para 100.7, the High Court
is directed to ensure compliance with respect to consultation
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with the State Government for constitution of Special Courts
and filling vacancies in the existing District Courts, and to
furnish information on the steps taken to comply with the
same.
(v) In terms of the directions issued in Paras 100.8 and 100.9, it
is noted that despite the identification of undertrial prisoners,
sufficient steps have not been taken to ensure compliance by
filing applications on their behalf under Section 440 of CrPC, in
most districts. The High Court is directed to ensure compliance
and furnish information on the same.
(vi) In terms of the directions issued in Para 100.11, the High
Court is directed to furnish complete information regarding the
compliance of the directions in all districts and to take steps
for compliance.
(vii) The High Court is directed to identify judicial officers passing
orders in non-conformity with the directions issued by this Court
in Satender Kumar Antil (Supra), in terms of the order dated
02.05.2023 of this Court, and to provide details as to the actions
taken against erring officers.
(viii) To furnish information on whether the directions of Satender
Kumar Antil (Supra) is being applied to petitions under Section
438 of CrPC or not.
36. State of West Bengal -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 and
the necessary steps taken for creation of Additional Special
Courts and its stage.
[2024] 2 S.C.R. 1115
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
36.1 High Court of Calcutta -Directions to be complied with:
(i) In terms of the compliance of the directions issued in Para
100.2, the affidavit submitted highlights discrepancy in districts
such as Alipore and Birbhum, wherein information highlights
compliance of Sections 41 and 41-A of CrPC, however, bail is
being granted due to non-compliance of the same in districts
such as Alipore and Birbhum and the Union Territory of Andaman
and Nicobar. Since the two conditions cannot co-exist, the High
Court is directed to ensure uniform compliance and furnish
information on the same.
(ii) In terms of the directions issued in para 100.5, some districts
have not complied with the same as per the information provided.
The High Court is directed to ensure uniform compliance of the
directions and furnish information on the same.
(iii) In terms of the directions issued in 100.7, the High Court is
directed to take steps to ensure compliance of the same and
furnish information.
(iv) The directions issued in Para 100.8 as well as 100.9 are noted
to have been only partly complied with in most districts barring
a few. The High Court is directed to take steps to ensure
compliance of the directions issued in their entirety and furnish
information on the same.
(v) The High Court is directed to provide complete information
regarding the compliance of the directions issued in Para 100.11,
and ensure compliance of the same.
(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.
37. Union of India -Directions to be complied with:
(i) In terms of the direction contained in para 100.1, the Union is
directed to inform the Court as to whether any Bail Law is in
contemplation or under preparation.
(ii) To inform the Court as to whether any assessment has been
done to ascertain the requirement of creating further Special
1116 [2024] 2 S.C.R.
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Courts (CBI) in districts with high pendency of cases, with
requisite data.
(iii) To inform the Court as to whether or not the investigative
agencies (other than CBI) under its ambit are following the
directions of this Court as laid down in Satender Kumar Antil
(Supra).
38. Central Bureau of Investigation -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/Criminal Manual
is being complied with by Investigating Officers.
(ii) 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.
39. NALSA -Directions to be complied with:
(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 (Supra)
(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 this Court adequate updated information,
we deem it appropriate to direct all the States and Union
Territories to cooperate with NALSA.
G. In view of the above referred report and affidavits, we direct all
the States, Union Territories, High Courts, Union of India, CBI
and NALSA to file their updated compliance affidavits on the
above referred aspects within a period of 8 weeks from today,
[2024] 2 S.C.R. 1117
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
and the learned Amicus upon perusal of the same shall file a
report on these compliances in 2 weeks thereafter.
H. The matter will be listed on 07.05.2024, and we wish to take up
this matter in a phased manner. The States and High Courts
from serial numbers 1 to 10 will be taken up on 07.05.2024,
and the monitoring as to due compliance by the remaining stake
holders will be taken up subsequently in a staggered manner.
I. STANDARD OPERATING PROCEDURE (SOP)
(i) Ms. Aishwarya Bhati, learned Additional Solicitor General
has invited our attention to a document titled as “Guidelines
and standard operating procedure for implementation of
the scheme for support to poor prisoners” and requested
that the same may form part of record and the Order of
this Court. The same shall be taken on record.
(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, we wish to further
pass a direction on an SOP framed by Central Government.
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 the sake of convenience and for extending the benefit
of this SOP to the under-trial prisoners, we wish to extract
the SOP in its entirety in this Order so that all concerned
parties act in tandem to ensure due compliance of this
SOP and the compliance thereof is incorporated in the
next report.
“Guidelines and Standard Operating Procedure
for implementation of the Scheme for support
to poor prisoners
i) Funds to the States/UTs will be provided through
the Central Nodal Agency (CNA). The National
Crime Records Bureau has been designated as
the CNA for this scheme.
ii) States/UTs will draw the requisite amount from
the CNA on case-to-case basis and reimburse
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the same to the concerned competent authority
(Court) for providing relief to the prisoner.
iii) An ‘Empowered Committee’ may be constituted
in each District of the State/UT, comprising
of i) District Collector (DC)/District Magistrate
(DM), ii) Secretary, District Legal Services
Authority, iii) Superintendent of Police, iv)
Superintendent/ Dy. Supdt. of the concerned
Prison and v) Judge incharge of the concerned
Prison, as nominee of the District Judge.
Note: This Empowered Committee will assess
the requirement of financial support in each
case for securing bail or for payment of fine,
etc. and based on the decision taken, the DC/
DM will draw money from the CNA account and
take necessary action.
Note: The Committee may appoint a Nodal
Officer and take assistance of any civil society
representative/social worker/ District Probation
Officer to assist them in processing cases of
needy prisoners.
iv) An Oversight Committee may be constituted at the
State Government level, comprising of i) Principal
Secretary (Home/Jail), ii) Secretary (Law Deptt), iii)
Secretary, State Legal Services Authority, iv) DG/IG
(Prisons) and v) Registrar General of the High Court.
Note: The composition of the State level ‘Empowered
Committee’ and ‘Oversight Committee’ are suggestive
in nature. Prisons/persons detained therein being
‘State-List” subject, it is proposed that the Committees
may be constituted and notified by the concerned
State Governments/UT Administrations.
Standard Operating Procedure
UNDERTRIAL PRISONERS
1. If the undertrial prisoner is not released from the jail
within a period of 7 days of order of grant of bail,
[2024] 2 S.C.R. 1119
Satender Kumar Antil v. Central Bureau of Investigation and Anr.
then the jail authority would inform Secretary, District
Legal Services Authority (DLSA).
2. Secretary, DLSA would inquire and examine whether
the undertrial prisoner is not in a position to furnish
financial surety for securing bail in terms of the bail
conditions.
For this, DLSA may take the assistance of Civil Society
representatives, social workers/ NGOs, District
Probation officers or revenue officer. This exercise
would be completed in a time bound manner within
a period of 10 days.
3. Secretary, DLSA will place all such cases before
the District Level Empowered Committee every 2-3
weeks.
4. After examination of such cases, if the Empowered
Committee recommends that the identified poor
prisoner be extended the benefit of financial benefit
under ‘Support to poor prisoners Scheme”, then
the requisite amount upto Rs. 40,000/- per case for
one prisoner, can be drawn and made available to
the Hon’ble Court by way of Fixed Deposit or any
other method, which the District Committee feels
appropriate.
5. This benefit will not be available to persons who are
accused of offences under Prevention of Corruption
Act, Prevention of Money Laundering Act, NDPS or
Unlawful Activities Prevention Act or any other Act
or provisions, as may be specified later.
6. If the prisoner is acquitted/convicted, then appropriate
orders may be passed by the trial Court so that the
money comes back to the Government’s account as
this is only for the purposes of securing bail unless the
accused is entitled to the benefit of bail U/s. 389 (3)
Cr.P.C. in which event the amount can be utilised for
bail by Trial Court to enable the accused to approach
the Appellate Court and also if the Appellate Court
grants bail U/s. 389 (1) of Cr.P.C.
1120 [2024] 2 S.C.R.
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7. If the bail amount is higher than Rs. 40,000/-,
Secretary, DLSA may exercise discretion to pay
such amount and make a recommendation to the
Empowered Committee. Secretary, DLSA may also
engage with legal aid advocate with a plea to have
the surety amount reduced. For any amount over and
above Rs. 40,000/-, the proposal may be approved
by the State level Oversight Committee.
CONVICTED PRISONERS:
1. If a convicted person is unable to get released from
the jail on account of non- payment of fine amount,
the Superintendent of the Jail would immediately
inform Secretary, DLSA (Time bound manner: 7 days).
2. Secretary, DLSA would enquire into the financial
condition of the prisoner with the help of District Social
Worker, NGOs, District Probation Officer, Revenue
Officer who would be mandated to cooperate with
the Secretary, DLSA. (Time bound manner: 7 days)
3. The Empowered Committee will sanction the release
of the fine amount upto Rs. 25,000/- to be deposited
in the Court for securing the release of the prisoner.
For any amount over and above Rs. 25,000/-,
the proposal may be approved by the State level
Oversight Committee.”
J. EMAIL ID
At last, the learned Amicus has suggested for creating a dedicated
email id for the purpose of these proceedings pending before us so
that the reports are saved or exchanged simultaneously. Considering
the convenience of all parties present here, we accept the suggestion
so made and accordingly give liberty to the learned amicus to create
the email id, and circulate the same to all the counsel/parties. Email
id shall be used hereafter for serving and receiving affidavits / reports.
Headnotes prepared by: Ankit Gyan Result of the case:
Directions issued.
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