Sunday, 27 March 2016

SC WP 881-2014, 210-2015, 562-2012 etc



ITEM NO.44 COURT NO.4 SECTION PIL S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 881/2014
GAURI MAULEKHI Petitioner(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
(with appln. (s) for directions and office report)
Date : 21/11/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE ARUN MISHRA

For Petitioner(s) Mr. Anand Grover, Sr. Adv.Ms. Nithya Rajshekhar, Adv.
Mr. Mukesh Kumar Singh, Adv.Mr. Amit, Adv.for Mr. Purushottam Sharma Tripathi,AORFor Respondent(s) Mr. Ranjit Kumar, SG(UOI) Mr. P.S. Narsimha, ASGMs. Binu Tamta, Adv.Mr. Sridhar Potaraju, Adv.State of Bihar Mr. Manish Kumar, Adv.for Mr. Gopal Singh,AOR(NP)State of UP Mr. Gaurav Bhatia, AAG Mr. Samir Ali Khan, Adv. State of Ms. Rachana Srivastava, Adv. Uttarakhand Mr. Utkarsh Sharma, Adv. State of WB Mr. Kalyan Kr. Bandopadhyay, Sr. Adv. Ms. Shagun Matta, Adv. For Mr. Anip Sachthey, AOR(NP)
UPON hearing the counsel the Court made the following
O R D E R
Affidavit filed on behalf of Sashastra Seema Bal (SSB) in Court today is taken on record, copies whereof have been furnished to the learned counsel for the petitioner and other
counsel.
The efforts that were made by the respective State Governments may continue vigorously till the festival which is scheduled for 28/29-11-2014 is over. We appreciate the efforts of the SSB and the respective State Governments.
The SSB and all the concerned State Governments are requested to afford inputs to this Court by way of affidavits, depicting the manner in which the issue needs to be addressed on a long term basis. These inputs be furnished to this Court within four weeks from today.
 List there after.
(Parveen Kr. Chawla)                     (Phoolan Wati Arora)
Court Master                                    Assistant Registrar

ITEM NO.36 COURT NO.4 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 881/2014
GAURI MAULEKHI Petitioner(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
(with appln. (s) for directions and office report)
Date : 03/11/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE ARUN MISHRA

For Petitioner(s) Mr. Anand Grover, Sr. Adv.
Mr. Mihir Samson, Adv. Ms. Filza Moonis, Adv.Mr. Mukesh Kumar Singh, Adv.
for Mr. Purushottam Sharma Tripathi,AOR
For Respondent(s) Mr. Ranjit Kumar, Solicitor General Mr. P.S. Narasimha, ASG Mr. Sridhar Potaraju, Adv.Ms. Binu Tamta, Adv.Mr. Saakaar Sardana, Adv.
UPON hearing the counsel the Court made the following
O R D E R
In order to sort out the issues which have been projected through this writ petition, we consider it just and appropriate that a meeting should be convened in the office of the Solicitor General of India. Mr. Ranjit Kumar, learned Solicitor General has agreed to convene the said meeting on 14.11.2014 at 4.00 p.m.. We would request learned counsel representing the States of Bihar, Uttarakhand, Uttar Pradesh and West Bengal to participate in the deliberations to be conducted in the above meeting on 14.11.2014. Learned counsel for the petitioner shall also assist in finalising the recommendations.
Today, Mr. Ranjit Kumar, learned Solicitor General has handed over to us two letters both dated 31.10.2014, inter alia, depicting that instructions have been issued to the Sashastra
Seema Bal (hereinafter referred to as the 'SSB') to ensure that animals are not transported across the border without licence.
We hope and expect that the directions issued to the SSB will be complied with in letter and spirit.
List again on 21.11.2014.

(Parveen Kr. Chawla)                  (Renu Diwan)
Court Master                              Court Master
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1
ITEM NO.44 COURT NO.4 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 881/2014
GAURI MAULEKHI Petitioner(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
(with appln. (s) for directions and office report)
Date : 21/11/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE ARUN MISHRA

For Petitioner(s) Mr. Anand Grover, Sr. Adv.
Ms. Nithya Rajshekhar, Adv.Mr. Mukesh Kumar Singh, Adv.Mr. Amit, Adv.for Mr. Purushottam Sharma Tripathi,AORFor Respondent(s) Mr. Ranjit Kumar, SG(UOI) Mr. P.S. Narsimha, ASGMs. Binu Tamta, Adv.Mr. Sridhar Potaraju, Adv.State of Bihar Mr. Manish Kumar, Adv.for Mr. Gopal Singh,AOR(NP)State of UP Mr. Gaurav Bhatia, AAGMr. Samir Ali Khan, Adv.State of Ms.Rachana Srivastava, Adv.Uttarakhand Mr. Utkarsh Sharma, Adv.State of WB Mr. Kalyan Kr. Bandopadhyay, Sr. Adv. Ms. Shagun Matta, Adv.For Mr. Anip Sachthey, AOR(NP)

UPON hearing the counsel the Court made the following
O R D E R
Affidavit filed on behalf of Sashastra Seema Bal (SSB)in Court today is taken on record, copies whereof have been furnished to the learned counsel for the petitioner and other counsel.
The efforts that were made by the respective State Governments may continue vigorously till the festival which is scheduled for 28/29-11-2014 is over. We appreciate the efforts
of the SSB and the respective State Governments. The SSB and all the concerned State Governments are requested to afford inputs to this Court by way of affidavits, depicting the manner in which the issue needs to be addressed on a long term basis. These inputs be furnished to this Court within four weeks from today. List there after.

(Parveen Kr. Chawla)                      (Phoolan Wati Arora)
Court Master                                    Assistant Registrar
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ITEM NO.6 COURT NO.5 SECTION PIL S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 881/2014 GAURI MAULEKHI Petitioner(s) VERSUS UNION OF INDIA AND ORS.
Respondent(s) (with appln. (s) for directions and office report)
Date : 05/01/2015
This petition was called on for hearing today.
 CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Mr. Anand Grover, Sr. Adv. Mr. Mihir Samson, Adv. Ms. Nitya Rajashekhar, Adv. for Mr. Purushottam Sharma Tripathi,
AOR For Respondent(s) Mr. Ranjit Kumar, SG Ms. Binu Tamta, Adv. Mr. Sridhar Potaraju, Adv. Mr. Kalyan Kr. Bandopadhyay, Sr. Adv. Mr. Saakaar Sardana, Adv. For Mr. Anip Sachthey,AOR Mr. Manish Kumar, Adv. Ms. Rashmi Shrivastava, Adv. For Mr. Gopal Singh,AOR Mr. Gaurav Bhatia, AAG Mr. Shantanu Krishna, Adv. For Mr. Samir Ali Khan,AOR Ms. Rachana Srivastava,Adv. Mr. Utkarsh Sharma, Adv.
 UPON hearing the counsel the Court made the following O R D E R Learned counsel for the State of West Bengal seeks liberty to file compliance affidavit. Prayer is allowed. 2 Compliance affidavit filed in Court is taken on record. Learned counsel representing the States of Uttar Pradesh, Uttarakhand as also the Union of India seek further adjournment, so as to enable them to file complete suggestions for a long term solution. Prayer is allowed. Suggestions may be filed in the Registry of this Court within four weeks from today. Similar suggestions may be filed on behalf of the petitioner as well. List after four weeks.
(Parveen Kr. Chawla) (Renuka Sadana)
Court Master               Court Master
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WP(C)No.881/14
ITEM NO.1 COURT NO.4 SECTION PIL
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s).881/2014
GAURI MAULEKHI Petitioner(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
(With appln.(s) for directions and office report)
Date : 16/03/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Mr.Anand Grover, Sr.Adv.Mr.Mihir Samson, Adv.Mr. Purushottam Sharma Tripathi, Adv.Mr.Mukesh Kumar Singh, Adv.Ms.Nithya Rajshekhar,Adv..Filza Moonis, Adv.
Mr.Narendra Kumar Goyal, Adv.Mr.Ravi Chandra Prakash, Adv.
For Respondent(s) Mr.Kalyan Bandopadhyay, Sr.Adv.Mr. Anip Sachthey, Adv.Mr.Kabir Shankar Bose, Adv.Mr.Saakaar Sardana, Adv.Mr.Gaurav Bhatia, AAGMr. Samir Ali Khan, Adv.Ms.Vimla Sinha, Adv.
Mr.S.N.Terdal, Adv.Ms.Binu Tamta, Adv.Mr. Gopal Singh, Adv.Mr.Shivam Singh, Adv.Ms.Rashmi Srivastava, Adv.Mr.Sridhar Potaraju, Adv.Ms. Rachana Srivastava, Adv.Mr.Utkarsh Sharma, Adv.
Upon hearing the counsel the Court made the following
O R D E R
Even though respondent No.2 has filed an affidavitindicating certain suggestions, we are of the view that equallyappropriate suggestions have been made by the participating States who are already party respondents in this case.
In view of the above, we consider it just and appropriate to direct respondent No.2 to convene a joint meeting of the respondent States wherein the petitioner or his representatives may
also participate so as to evolve a comprehensive future plan to effectively deal with the issue in hand. The aforementioned meeting be convened within two weeks from today. The proposed
suggestions shall be submitted to this Court within two weeks there after.
List there after.
(SATISH KUMAR YADAV)              (RENU DIWAN)
COURT MASTER                      
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ITEM NO.302 & 303 COURT NO.6 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CIVIL) NO(S). 562/2012
ASSAM SANMILITA MAHASANGHA & ORS. PETITIONER(S)
VERSUS
UNION OF INDIA & ORS. RESPONDENT(S)
(OFFICE REPORT) WITH W.P.(C) NO. 876/2014
(WITH APPLN.(S) FOR STAY AND OFFICE REPORT)
W.P.(C) NO.274/2009[WITH APPLN.(S) FOR DIRECTIONS AND IMPLEADMENT AND INTERVENTION AND OFFICE REPORT]
Date : 31/03/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
For Petitioner(s)
WP(C) 562/12 Mr. Manish Goswami, Adv.Mr. Rameshwar Prasad Goyal, Adv.
WP(C) 876/14 & rr inWP(C) 562/12 Mr. Somiran Sharma, Adv.WP(C) 274/09 Mr. Arvind Kumar Sharma, Adv.Ms. Ankita Sharma, Adv.
For Respondent(s) Mr. Milan Laskar, Adv.Mr. Syed Mehdi Imam, Adv.Mr. Parvez Dabas, Adv.Mr. Shibashish Misra, Adv.Mr. Fuzail Ahmad Ayyubi, Adv.Mr. Abdul Qadir, Adv.Mr. Anas Tanwir, Adv.Mr. Abdul Qadir Abbasi, Adv.Mr. Anwesha Shah, Adv.Mr. Syed Ali Ahmad, Adv.Mr. Syed Tanweer Ahmad, Adv.Mr. S.S. Bandyopadhyay, Adv.Mr. Pravin Kumar, Adv.Mr. Mohan Pandey, Adv.Mr. Shakil Ahmed Syed, Adv.Mr. Shadan Farasat, Adv.Ms. Krishna Sarma, Adv.Mr. Avijit Roy, Adv.Mr. Navnit Kumar, Adv.Ms. Kankana Arandhara,Adv.For M/s Corporate Law GroupMr. B. Krishna Prasad, Adv.Mr. Prateek Jalan, Adv.Ms. Malvika Trivedi, Adv.Mr. Rahul Kriplani, Adv.Mr. Ankit Yadav, Adv.Mr. T. Mahipal, Adv.Mr. Monisha Handa, Adv.Mr. Mohit D. Ram, Adv.Mr. Neeraj Kumar, Adv.Mr. Soumitra G. Chaudhuri, Adv.Mr. Anip Sachthey, Adv.Mr. G.S. Chatterjee, Adv.Mr. Neeraj Kishan Kaul, ASGMr. Shiv Mangal Sharma, Adv.Mr. Puneet Parihar, Adv.Mr. Raghavendra M. Bajaj, Adv.Ms. Rashmi Malhotra, Adv.Ms. Sushma Suri, Adv.Mr. Shreekant N. Terdal, Adv.Ms. Bharti Tyagi, Adv.Mr. Ravi P. Mehrotra, Adv.Mr. Siddharth Bhatnagar, Adv.Mr. Sidharth Mohan, Adv.Mr. Rahul Arya, Adv.Mr. Nirnimesh Dube, Adv.Mr. K.V. Jagdishvaran, Adv.Ms. G. Indira, Adv.
UPON hearing the counsel the Court made the following
O R D E R
The affidavits filed on behalf of the State of Assamare highly unsatisfactory. The affidavits not only arevague and omnibus in content but have been executed by a Junior Officer who may not have had any exposure to theground realities. We, therefore, refuse to take the saidaffidavits into consideration and while expressing ourdispleasure at the conduct of the State of Assam, we direct the Chief Secretary of the State of Assam to file a meaningful affidavit incorporating all relevant facts, particularly, the steps that have been taken pursuant to the Court's order dated 17th December, 2014. The said affidavit shall be filed within 10 days from today.
Insofar as the up gradation of the NRC is concerned, we direct the NRC Coordinator to file an affidavit with regard to the progress in the preparation of NRC keeping in mind the deadline set by the Court for publication of the final NRC. The said Officer shall also indicate the difficulties, if any, that he may have encountered in updating the NRC in terms of the orders of this Court.
The NRC Coordinator is directed to be personally present in Court on the next date fixed which will be intimated to him by the Registry.
In so far the Union of India is concerned, Shri Neeraj Kishan Kaul, learned Additional Solicitor General has assured the Court that an affidavit of the Competent Authority will be filed within 10 days indicating the steps that have been take by the Union with regard to border fencing, construction of border roads, night patrolling, flood-lights, scheme for deportation in consultation with the Bangladesh etc. in terms of the order of the Court dated 17th December, 2014.
The Gauhati High Court is requested to expedite the process of selection of the Presiding Officers and Members of the 64 Tribunals which have been sanctioned by the Government of India so that the said Tribunals can become functional immediately. This order be communicated to the Registrar General
of the High Court forthwith.
[VINOD LAKHINA]                [ASHA SONI]
COURT MASTER              COURT MASTER










Page No.5 of 5
Court NO.18 COURT NO.4 SECTION PIL W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 210/2015
AKHIL BHARAT KRISHI GOSEVA SANGH Petitioner(s)
VERSUS
UNION OF INDIA AND ORS. Respondent(s)
(with appln. (s) for exemption from filing O.T.)
Date : 24/04/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s) Mr. Soli Sorabjee, Sr. Adv.
Dr. Manish Singhvi, Adv.
Mr. Shantanu Sagar,Adv.
Mr. Vinay K. Sharma, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Issue notice. List with Writ Petition(C) No. 881 of 2014.

(Parveen Kr. Chawla) (Renuka Sadana)

Court Master Court Master

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