SHRI RAHIM MALLA AND OTHERS Vs. HOME SECRETARY GOVT OF J. & K. AND OTHERS
LAWS(SC)-1995-8-117
SUPREME COURT OF INDIA
Decided on August 04,1995

Shri Rahim Malla And Others Appellant
VERSUS
Home Secretary Govt Of J. And K. And Others Respondents

JUDGEMENT

- (1.) The petition above-mentioned along with the connected matter being called on for hearing before this Court on the 3rd day of January, 1995. upon perusing the record and hearing Counsel for the parties herein the Court took time to consider its judgment and the petition along with the connected matter being called on for judgment on the 4th day of August, 1995. This Court for the reasons and observation made in its Order DOTH PASS inter alia the following Order :- "...........We share the sympathetic concern of the learned counsel for the petitioners that under-trails should not be languished in jails for long spells merely on account of their inability to meet monetary obligations. We are, however, of the view that such monitoring can be done more effectively by the High Courts since it would be easy for that Court to collect and collate the stetiotical information in that behalf, apply the Board guidelines already issued and deal with the situation as it emerges from the status reports presented to it. The role of the High Court is to ensure that the guidelines issued by this Court are implemented in letter and spirit. We think it would suffice if we request the Chief Justice of the High Courts to undertake review of such cases in their States and give appropriate directions where needed to ensure proper and effective implementation of the guidelines. Instead of repeating the general directions already issued, it would be sufficient to remind the High Courts to ensure expeditious disposal of cases. Withdrawal of cases from time to time may not always be an appropriate and acceptable remedy, but what is required is to evolve a mechanism which would enable early disposal of cases. The High Court being on the spot would be able to diagnose the ailment rather than merely deal with symptoms. We are, therefore, of the view that these petitions have served their purposes and should stand disposed of leaving the further implementation to the High Court."
(2.) And This Court Doth Further Order that the Order dated the 30th April, 1979 passed by this court in the above said petition granting bail shall stand vacated subject to the Order quoted above.
(3.) And This Court Doth Lastly Order that this Order be punctually observed and carried into execution by all concerned. Order accordingly.;


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