JUDGEMENT
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(1.) It is brought to our notice today that all the respondents have now been served. Three newly constituted
High Courts, namely, Tripura, Manipur and Meghalaya High
Courts though have not been formally impleaded as parties
take notice of the pendency of the matter. In fact, Ms.
Sneha Kalita, standing counsel for the High Court of
Manipur, Mr. Sanjai Kumar Pathak, learned counsel for the
High Court of Meghalaya and Mr. Naresh K. Sharma, learned
counsel for the High Court of Tripura, have appeared today
and undertakes to enter their appearance within two weeks.
Prima facie, we are of the opinion, to give
appropriate further directions in terms of the prayer in
the writ petition, certain data is required to be collected
from various States, Union of India and the concerned High
Courts. Such an exercise is possible only if a body
competent to collect a data is brought into existence, as
it was done earlier by the orders of this Court in
appointing the Shetty Commission.
(2.) All the learned counsel appearing for the various parties including the learned Additional Solicitor General
representing Union of India also agree for such course of
action. The only question which remains is: what should be
the terms of reference of such a Commission. Learned
Additional Solicitor General submits that, by the next date
of hearing, the Union of India will come forward with draft
of the terms of reference which, in their view, would be
appropriate in the context of the controversy in hand. We
permit the Union of India to place such draft terms of
reference by the next date of hearing. Preferably such
terms of reference be supplied to all the learned counsel
appearing for the various States and the writ petitioner,
at least a week before the next date of hearing, to enable
the respondents to examine the proposals and to come up
with any suggestion which may be appropriate in the context
of the matter.
(3.) List the matter on 19th April, 2017 for appropriate further directions.;
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