Holding

Admission of non‑criminal mentally ill persons to jails is illegal and unconstitutional; such persons must be examined by a Judicial Magistrate and placed in appropriate mental health facilities.

Summary

Ms. Sheela Barse, a social activist, filed a writ petition under Article 32 alleging that numerous children and adults in West Bengal were being committed to jails as “non‑criminal lunatics” without proper medical assessment, thereby depriving them of liberty and subjecting them to inadequate care. The State of West Bengal and the Union of India contended that such admissions were made under existing legal provisions and that jails provided basic medical supervision. The Supreme Court, after appointing a Commission of Inquiry, found that jails are not equipped to treat mentally ill persons and that the practice violated constitutional guarantees of liberty and the purpose of mental health legislation. It held that admission of non‑criminal mentally ill persons to jails is illegal and unconstitutional and directed that only Judicial Magistrates may order their examination and transfer to appropriate mental health facilities. The Court issued comprehensive directions for the State to upgrade mental hospitals, integrate mental health care with primary health services, and monitor implementation through periodic reports.

Issues considered

The admission of non‑criminal mentally ill persons to jails is permissible under existing law.
Whether the procedure under the Indian Lunacy Act for committing such persons to jail is constitutionally valid.
The appropriate authority for examination and placement of mentally ill persons pending treatment.
The obligations of the State under the Mental Health Acts to provide suitable care and rehabilitation.

Legislation cited

Central and State Mental Health Authority Rules, 1990
Indian Lunacy Act, 1912s. 13, s. 15, s. 16, s. 23
Mental Health Act, 1947
Mental Health Act, 1959s. 60, s. 65
Mental Health Act, 1987

Subjects

mental healthnon‑criminal lunaticsjail confinementconstitutional lawright to libertyMental Health Acttreatment and rehabilitationjudicial magistratewrit petitionArticle 32

Judgment

SHEELA BARSE A
v.
UNION OF INDIA AND ANR.

AUGUST 17, 1993

[M.N. VENKATACHALIAH, CJ., AND S. MOHAN, J.J B

Mental Health Act, 1947/Central and State Mental Health Auth01ity
Rules, 1990:

Care and custody of mentally ill pci:rons in West Bengal-Whether they C
can be jailed as non-cri111inal lunatics-Wlio should assess the 111ental state
of such persons-Steps to be taken for their treatment and rehabilitation.

The Petitioner, a social activist, forwarded a copy or her write up :
Jailing the mentally ill to this Court narrating that many children and
adults are committed to jail in Calcutta as lunatics, which deprives them D
or their liberty on the pretext of treatment. When these persons were
produced before the Judicial or the Executive Magistrate of West Bengal
an instant assessment of their mental health is made and they are com-
mitted to jail, whereafter they are never produced and lose all the contacts
with the outside world, while there are no health facilities in jail. E

The State of West Bengal averred that in case of Non- Criminal
Lunatics, the jails act upon and honour the orders of Court. Giving
purportedly a picture of satisfactory conditions, the State narrated the
facilities . accorded to mentally ill inmates. The Union of India made
F
submissions that the Mental Health, Act, 1987 and the Central and State
Mental Health, Authority Rules 1990 were notified on May 22, 1987 and
December 29, 1990 respectively. The establishment of Central Mental
Health Authority was pleaded, a; also that the Central Government has
re11uested the State Governments and the Administration of the Unio.n
Territories for establishment of State Mental Health Authorities and G
confirm appointmel)t or requisite number or expert personnel, so that the
Central Government should notily the date on which the said Act will come
into force in a particular State/Union. Territory.

This Court appointed a .Commission of Inquiry which submitted a H
561
562 SUPREME COURT REPORTS [1993] SUPP. l S.C.R.

A four-part report emphasising upon: Treatment deprivatory consequences
of comrnitment to jail and declared the excessive deprivation of liberty
lvhile it suggested the composition of managing bodies to transform the
old custodial institutions to active treatment centres supportive of care in
the community. It emphasised the establishment of state level rehabilita-
B tion centres and the association of voluntary. agencies.

Disposing of the petition, this Court

HELD: 1.1 The admission of non-criminal mentall)' ill persons to
jails is illegal and unconstitutional. [571-F]
c
J.2 Admissions of mentally ill persons to jails in West Bengal be
stopped forthwith and that the function or getting them examined be
performed by Judicial Magistrate who shall send the person concerned to
the nearest place of care and treatment. And will send quarterly reports
D to High Court setting out details about number of persons screened and
sent to safe custody. [571-G-H; 572-A·B]

13 The State of West Bengal should take immediate action and issue
instructions to implement this Court's directions; order enquiry into the
deatli or 19 persons in Dum Dum Central Jail upgrade mental hospitals
E immediately, besides setting up of psychiatric services in all teaching and
district hospitals and integrat, mental health care with t~e primary health
care system. [572-C-E]

1.4 The Health Secretary ol the State will also send quarterly report
F on the steps taken to implement each of the directions and regulate the
admission to discharge from the mental hospitals of mentally ill persons
by a fresh set of instructions in accordance with the reco1nmendations
made in the report of the Commission. (572-F-H]

1.5 The High Court of Judicature at Calcutta was requested to
G appoint a Committee of a ment.'1 health/professional/pychiatrist, a social
worker and a law person to evaluate the State of the existing mentally ill
in jail, to discharge such of those perspns found fit and ensure their return
to their homes and/or their rehabilitation, even as to move out such of
those persons requiring continued treatment and care from out of the Jails
H to the nearest places of treatment and care. (573-A-C]
SHEELABARSE v. U.0.1. [MOHAN,J.] 563

CRIMINAL ORIGINAL JURISDICTION : Writ Petition (CRL.) A
No. 237 of 1989.

Under Article 32 of the Constitution of India.

S. Muralidhar for the petitioner.
B
Santosh Hegde, V.C. Mahajan, D.K. Sinha, J.R. Das, Mukul Mudgul,
R.S. Suri, T.C. Sharma, Ms. Anil Katiyar and Ms. A. Subhashini for the
respondent.

The Judgment of the Gourt was delivered by
c
MOHAN, J. This Writ Petition has been preferred by Ms. Sheela
Barse, a social activist. She has forwarded a copy of the write-up under the
title "Jailing the mentally ill". This write-up was published by her.

The said write-up narrates the following:-
D
Many children and adults are committed to jail in Calcutta as
lunatics. In fact they are not mentally ill at all. Some are normal, some
temporarily under stress of undergoing a phases of mental disturbance, and
a few are mentally retarded. Once they are jailed, they are all categorised
as "Non-criminal Lunatics". This jailing deprives them of their liberty on E
the pretext that he is interned for treatment. When these persons were
produced before the Judicial or the Executive Magistrate of West Bengal
and instant assessment is made of their mental health and they are com-
mitted to jail without fixing the case, date of hearing or the duration of
detention. Thereafter they are never produced before the Magistrate.
During their confinement these persons lost all the contacts to the outside F
world, more often than not the magistrate purporting to act under section
13 of the Lunancy. Act (Which Act has been repealed) arrogating themsel-
ves a power which they do not have.

There are no health facilities inside the jail. Their conditions are
miserable. The apathy on the part of the various departments of the State G
Government is a matter of regret. Having failed to get the necessary
redressal from the authorities this petition has come up to be moved.
Having regard to the nature of allegations the matter being of a great
public importance, requiring judicial notice, this court ordered to issue
notice to the State of Bengal and Union of India H
564 SUPREME COURT REPORTS [1993] SUPP.1 S.C.R.

A The Stale of Wesl Bengal has filed a counter. It is averred that the
jails in West Bengal receive prisoners only on lhe authority of a writ/war-
rant/custody etc. issued by a competent court under seal and signature of
a Magistrate or Judge for detention in such jails. In case of Non-criminal
Lunatics, also these .iail act upon and honour the orders of the court.

B "The Medical Officers of the jails look after these inmates sent
by the courts and also observe their mental condition and submit
report to the court, as desired. There are visiting Psychiatrists in
Central Jails but in case of other smaller jails the Medical Officer
I·
of the jail performs this function. Jails are meant for lodging
c criminals charges under the Indian Penal Code, Criminal Penal
Code and other law of the land. Jails are not equipped with men
and material to lodge Non-criminal Lunatics permanently. How-
ever, with the financial constraints and available men and
materials, every possible effort is made to look after the Non-
criminal Lunatics so long they aie inside the jail.
D
Alipore Special Jail is still functioning as a jail under the
Prisons Directorate and this Jail is lodging only curable and cured
Non-criminal Lunatics who are looked after and treated by well-
known visiting psychiatrists, medical officers, part-time
E psychologist and female nursing staff. There are many cases where.'
cured Non-criminal Lunatics have been released to the care of
their relatives.

Most of the Non-criminal Lunatics, mentally ill-persons are
lodged in Presidency jail, Oum Dum Central Jail, Alipore Special
F Jail, Aliporc Central Jail, Berhampore Central Jail and Midnapore
Central Jail. Only a few such persons are detained in othet'dis'
tricts, special and Sub-jails.
,
Non-criminal Lunatics are supplied with wearing apparels in-
cluding bedding while in jails. Male inmates are provided with
G J angia Pajamas and Kurtas and female inmates ar provided With
Sarees, Blouse and other clothes. They are also provided with
Blankets Bed Sheets and Napkins.for their daily use.

H
In Presidency Jail, Calcutta, a Televisi.on Set has also. been
provided inside the Non-criminal Lunatic ward for their recrea-
'

I
SHEELABARSE v. U.0.I. [MOHAN.J.) 565

tion. Interview and letter writing facilities are also extended to A
them very liberally.

These Non-criminal Lunatics are also provided with food in
the same scale as that of the ordinary undertrial prisoners. In
addition, they are also provided with extra diet and medical diet
consisting of loaf, meat, egg, butter, milk, fruit, curd etc. on the B
advice of the Medical Officer."

The Union of India has filed a counter-affidavit for the limited
purpose of placing a record, the date on which the Mental Health Act of
1987 and the rules made thereunder have come into force.
c
"In this behalf, it is submitted the Mental Health Act, 1.987 was
notified on 22.5.1987. Further, the Central and State Mental Health
Authority Rules 1990 were notified on 29.12.1990.

It is further submitted that the Central Government has also D
established and constituted an Authority called Central Mental
Health Authority under the aforesaid rules. It is further submitted
that the Central Government has requested the State GovLrnments
and the Administration of Union Territories vide letter date
., 10.11.1981 to take necessary steps for constituting and establishing
the State Mental Health Authority in accordance with the E
'
aforesaid rules and appointments or visitors as required under the
Act.

It is further submitted that after the State Government and
Administration of Union Territories confirm having established the
State Mental Health Authorities, appointed not less than 5 visitors F
for each Psychiateric Hospital/Nursing Home and appointed as
licensing authority, as required under the act the Central Govern-
ment shall notify the date on which the said Act will come into
force date a particular State/Union Territories.
G
This Court appointed a Commission by order <lated 16th .I une, 1992.
In accordance with that order, the Commission had gone into the mater at
some great length the substantive part of the report is presented in to four
parts:-

(1) Introductory (sections 1 to 6) H
566 SUPREME COURT REPORTS [1993] SUPP. 1 S.C.R.

A (2) Report of the field work (sections 7 to 8)

(3) Conclusions emerging from the investigations (section 9)

(4) Recommendations (section 10 to 12)

B As to the concept of Non-criminal Lunatics, it is stated in the report
as under:-

"The mentally ill housed in jails are referred to as "Non-criminal
Lunatics". This term is meant to include persons who are sent to
jail for medical observation to determine the state of mind of the
c individual (section 16 Indian Lunacy Act 1912 hereinafter ILA)
and persons who are to be kept in a place of safe custody pending
removal to mental hospital (s.23 ILA). The procedure of medical
observation is either required for wandering and dangerous men-
tally ill (s.13 ILA) or for mentally ill persons who are cruelly
D treated and not under proper care and custody (s.15 ILA). Apart
from these statutory categories any mentally ill person who is
admitted in jail .and is not a criminal lunatic is in prison terminology .--
referred to as "Non-criminal lunatic11

After analysing the position in the various jails about the facilities
E available for treatment, it is stated as under:-

Treatment deprivatory consequences of commitment to jail:-

( 1) Delay in specialist help reaching the patient:-

F Mentally ill are kept in varying numbers in the various central
district and subjails in West Bengal. No Psychiatrist is on the
permanent staff of any jail. Jails only have consultancy arrange-
menl' either with a psychiatrist visiting the jail (as is the procedure
in the central jails and Krishnanagar) or the patient is sent to the
G District hospital (Purulia) or medical college (Bankura).

Even in the jails where the psychiatrist visits the jail such visits
are not daily but at a frequency of 4 times a week (Presidency) or
once in a fortnight (Oum Oum) or even once in a month (Mid-
napore). At this frequency a time lag of 10-15 days can easily occur
H before a patient is evaluated. Thus in Oum Oum Central .iail we
SHEELABARSE v. U.0.1. [MOHAN,J.j 567

met a patient who had been in lhe jail for more than 15 days but A
who had neither been evaluated nor had received any treatment
because the psychiatrist had been on leave during that period.

If the patient has lo be sent to the hospital for evaluation, delay
may occur because of lack of vehicle or escort. Thus in Purulia
District Jail we meet Suparna Bcnerjee who was brought to Purulia B
District jail on 13.9.1992. Though she was actively disturbed and
suffering from mania she was not examined for three days. On
16.9.1992 she was taken to the Sadar Hospital where she was
examined and prescribed medicines. Even on lhe next d;ty i.e.
17.9.92 the patient could not get drugs because the doctor on duty c
was on leave. There was no other mechanism for the distribution
of drugs in the jail since the post of pharmacist was vacant. The
result was the patient was kept in a locked cell for an illness which
with adequate care is totally treatable within a few days.

(2) Lack of specialised human resource:- D

Even the delayed treatment mechanism only operates in dis-
tricts where specialist facilities exist. The specialised psychiatrist
help is not available in the districts of West Dinajpur, Maldah,
Birbhum, Bardhman. In Cooch Behar and Jalpaiguri though post-
E
ings for psychiatrists exist there is no psychiatrist in position. Thus
the mentally ill persons detained in jails in these districts receive
no treatment whatsoever.

(3) Lack of supe1vision of care:-
F
Currently there are no methods for the supervision of the care
prnuidcd to the mentally ill. As a result patients are diagnosed
after a singJe examination. They do not receive any review nor is
any revaluation of the developing mental problems undertaken.
For example, in Purulia jail Mr. Padmalochan .Das was admitted
on 11.8.1992, and was diagnosed to be subnormal. Since this G
condition is untreatable he was not on any treatment During the
\isil of the Commission he was found to be severely depressed,
growing with suicidal ideas and had a definite history of both past
an<l current mental illness. Since there is no system of re-evaluation
this patient was nol receiving any treatment for the oncoming H
568 SUPREME COURT REPORTS [1993] SUPP. 1 S.C.R.

A mental illne.'5 problems.

(4) Absence of mental health team:-

Treatment for mental illness is not provided only by
psychiatrists. Such treatment has to be provided by a mental health
B team of clinical psychologists, psychiatric nurses and social
workers .n the jails of West Bengal other than a visiting
psychiatrist there are no other trained personnel for the treatment
of mentally ill persons.

c The only place where there are nurses is the Alipore special
jail Calcutta which has been renamed the Institute of Mental
Health. At all other jails life convicts give the medicines to the
patients when they have no training or expertise for undertaking
the job. Even at the Institute where nurses are on the staff nursing
care is not available at night since jail rules do not permit women )-
D to be on the premises after lock up.

{5) Lack of vwiety or treatment facilities necessary for mental health
care:-

The treatment facilitie.' available in the jail are extremely
E
limited. Only one or two drugs like chloropromazine and
nitrozipam are available. Electro-convulsive thereby cannot be
provided in jail.

Commission declares the Excessive dep1ivatio11 of liberty:-
F
When a mentally ill person is sent to jail he is sent to an
institution which i.' essentially geared towards security-security of
society from the dangerous person it house and safety of the
inmates from each other. The mentally ill being inducted into this
set up are only managed a.s dangerous individuals and not as sick
G persons. This results in deprivation of liberty in several ways which
is more excessive than is required either for the protection of the
mentally ill person of for the safety of society."

Various remedial methods are suggested. The Improvement Scheme
H for Mental Hospitals are outlined as follows:-
SHEELABARSE v. U.0.I.[MOHAN,J.] 569

It is suggested that managing bodies should be set up for all A
the mental hospitals in West Bengal. The composition of the bodies
could be according to the Ranchi model i.e., a consenting sitting
judge from the Calcutta High Court or a District Judge nominated
by the Chief Justice of Calcutta should be chairperson.

Senior Officers from the departments of health, welfare, B
prisons, police along with a professor of psychiatry from a teaching
hospital could be members. And the medical Superintendent of
each hospital could function as the member secretary of the
Committee.

These committees will be under a duty" to formulate schemes
c
for improving both the living and therapeutic conditions in the
mental hospitals.

Without being exhaustive initially the improvement schemes
will need to ensure that the Jiving environment of the hmpitals. D
The aim of the improvement schemes however should not just
be to remiwe the deficiencies of the old hospitals but to create and
to transform these old custodial institutions to active treatment
centres supportive of care in the community. 11
E
The establishment of :>tatc level rehabilitation centres and the as-
sociation of voluntary agencies is emphasised by the Commissioners. (Dr.
R. Srinivasa Murthy and Ms. Arnita Dhanda)

From the above, it is clear the problem presented before us is a vexed
one of treating these unfortunate persons \vhose cases will have tu be F
viewed in a humanitarian spirit. In England the position as obtainable is
stated in fmp1isollment ill Engla!ld a!ld Wales Christopher Harding Bill
Hines Richard Ireland and Philip Rawlings as under:-

"The Mental Deficiency Act of 1913 diverted the so-called
mental defectives (retarded persons) from the penal system: it was G
provided that if such persons were convicted, they could be placed
in an appropriate institution, such as Rampton and Moss Side
hospitals; or under guardianship. This approach provided the
model for the wider system eventually adopted under the Mental
Health Act of 1959. Section 60 of that Act enabled courts to order H
570 SUPREME COURT REPORTS [1993] SUPP.1 S.C.R.

A that convicted offenders be treated in a hospital, if there was
evidence of mental disorder, as defined in the Act. Therefore, even
though convicted, and perhaps in the some cases the kind of
persons who ought for reasons of public safety to be held insecure
conditions, mentally disordered offenders could then be diverted
straightaway from the prison system. The problem of the
B 'dangerous patient' was provided for in section 65, which enabled
a court to couple a hospital order with a restriction order, the
latter making release from hospital dependent on the Home
Officer's consent. Since 1959, the courts have become acclimatised
to this different form of disposal, gradually coming to think in
c teems of treatment rather than punishment for such offenders. But
the procedures laid down in the mental health legislation of 1959
and 1983 still leave certain categories of disordered person to be
dealt with by the prison system. The disorder must be of a kind
listed in the legislation (broadly, mental illness, retardation or
psychopathic disorder) and must be susceptible to treatment.
D
Moreover, some patients need to be held in secure conditions and
there have been a limited number of secure hospital places (at
Broadmoor, established in 1863, and Rampton and Moss Si(le,
opened respectively in 1910 and 1919, although both catering
mostly for the mentally retarded before 1959). As a result, some
seriously disordered offenders may find themselves in prison, for
reasons of security, if only tempor~rily. In addition, in recent years
many hospitals have been umvilling to accept psychopathic of-
fender since it is open to donbt whether there is any effective
treatment for many who suffer from this condition. For those
F psychopaths who arc aggressive and violent, the prison system has
been used to a large c'1cnt to provide a convenient form of secure
institution. It has therefore, been necessary for the prison
authorities to develop suitable accommodation and a certain level
of psychiatric and therapeutic care, if not treatment.

G In some respects the prison authorities have in the past been
happy to take on such a rule. In the earlier years of-this century,
the reformist tradition in the penal system quite naturally took on
board some of the methods of treatment being worked out in the
liclds of psychology, psychiatry and psychotherapy. In 1932 the
H Departmental Committees on Persistent Offenders commented
SHEELABARSE v. U.0.1. [MOHAN,.IJ 571

that: 'there is reason to believe that certain delinquents may be A
amenable to psychological treatment ........ A medical psychologist
should be attached to one or more penal establishments to carry
out psychological treatment in selected cases.

In due course, psychiatric treatment became an in_tegral part
of the prison sentence for some categories of prisoner and In the B
post-war period staff with expertise in this kind of treatment were
brought into the prison service and centres for psychiatric treat-
ment were set up in some prisons, notably Wakefield and
Wormwood Scrubs. For more seriously disturbed prisoners, a
special prison was opened in 1962 at Grendon in Buchinghamshire, c
mainly to cater for the more moderate kind of psychopath, and
comprising a therapeutic regime within conditions of maximum
security. There is also a wing at Parkhurst Prison for the most
seriously. disturbed prisoners, where the object is to minimise
violent and aggressive behaviour rather than apply a positive
regime of treatment. D

The prison system has therefore come to take on some treat-
ment functions, despite the intention of the legislation of 1913 and
1959 to divert the mentally disordered to more appropriate institu-
tions. This has come about more through the failure to develop E
suitable alternative institutions than through the conviction that a
prison is the best place for some categories of disordered of-
fender .11

On an anxious consideration of the matter, we issue the following
directions:- F

(1) It is declared that admission of non-c1iminal mentally ill persons
to jails is illegal and unconstitutional.

(2) It is directed that admissions of mentally ill persons to jails in G
West Bengal on any ground whatsoever be stopped forthwith and the State
of West Bengal is directed to issue instructions to this effect immediately.

(3) It is directed that the function of getting mentally ill persons
examined and sent to places of safe custody hitherto performed by Execu-
tive Magistrate shall hereafter be performed only by Judicial Magistrates. H
572 SUPREME COURT REPORTS [1993] SUPP. 1 S.C.R.

A (4) The Judicial Magistrate will upon a mentally ill person being
produced, have him or her examined by a Mental Health Profes-
sional/Psychiatrist and if advised by such MHP/Psychiatrist send the men-
tally ill person to the nearest place of treatment and care.

(5) The Judicial Magistrate will send reports every quarter to the
B High Court setting out the number of cases of persons sought to be
screened and sent to places of safe custody and action taken by the judicial
Magistrate thereon.

(6) The Government of West Bengal is hereby directed to:-

c (i) to take immediate action and issue instructions in the implemen-
tation of the directions given herein above.

(ii) order enquiry into the death of 19 persons in the Oum Oum
Central Jail in December, 1991 and take action to rectify the factors that
D resulted in such a calamity. A copy of report of the enquiry and the details
of the step taken thereon to be placed before the court given a period of
two months from today.

(iii) take simultaneous immediate steps for:

(a) immediate upgradation of mental hospitals
E
(b) setting up of psychiatric services in all teaching and district
hospital. This will including filling up the posts of psychiatrist in these
places.

F (c) Integrating mental health care with the primary health care
system.

(iv) Regulate.-the admission to discharge from the mental hospitals
in West Bengal of mentally ill persons by a fresh set of instructions in
accordance with the recommendations made in the report of the Commis-
G sioners. (guideline 10.2.9 to 10.1.13 al para 119-123)
(v) The Health Secretary of the State of West Bengal will send
quarterly report to this Court on the steps taken to implement each of the
directions given in this Order. This will be in the form of an Affidavit.

H Any difficulty encountered in the implementation of the order will
SHEELA BARSE v. lJ 0.1. [MOHAN, J.] 573

be forthwith brought to the notice of this Court. A
(7) The High Court of judicature at Calcutta is requested to appoint
a committee of a mental health professional/psychiatrist, a Social worker
and a Law Person to evaluate the state of the existing mentally ill in jails.
The committee will in a report make detailed recommendations to:-
B
(a) discharge such of those persons found fit and ensure their return
to their homes and/or their rehabilitation.

(b) move out such of those persons requiring continued treatment
and care from out of the Jails, to the nearest places of treatment and care.
c
The report will be submitted within two months of its appointment
by the Committee to the High Court with a copy to this Court. The High
Court is requested to monitor, in such manner ~s it deems fit, the im-
plementation of the recommendations of the Committee. This court will be
kept informed of the steps taken in this regard. D
.~

Though the report of the Commission relates to only State of West
Bengal in order that these recommendations are properly implemented in
other States as well, it is hereby directed:-

1. Notice shall be sent lo the Chief Secretary of every Stele together E
with-

(a) a copy of the order dated 16.6.1992 passed by this Court.

(b) a copy of the report submitted by the Commissioners (Volume-I)
F
The Chief Secretary is hereby directed to indicate to the Standing
Counsel of the State in the Supreme Court:-

(a) the facts and figures in respect of every item mentioned in the
order dated 16.6.92 of.Ibis Court;
G
(b) the response of State Government to the recommendations and
plan of action suggested in the report of the Commissioners;

(c) the willingness of the State Government in taking action in line
with recommendations made by the Commissioners in their report. H
574 SUPREME COURT REPORTS (1993) SUPP.1 S.C.R.

- A (3) The Chief Secretary shall respond to this notice within a penod
of 3 months and this time limit will be adhered to strictly.

In addition to the service of notice to the Chief Secretary, notice will
also be served upon the standing Counsel of the State to ensure strict
compliance with this order.
B
The Writ Petition is disposed of accordingly.

S.P.S. Petition disposed of.

•