- (1.) This PIL has been registered on the basis of a note dated 28.7.2011 of the then learned Administrative Judge, Chandigarh Division with regard to the investigations remaining pending beyond 60/90 days, as the case may be, resulting in a situation where the accused in such cases are still languishing in jails. A list of 58 cases where investigations have not been completed, as found by the learned Judge in the course of inspection, has been enclosed to the note dated 28.7.2011. On the basis of the said note, the suo motu petition has been registered and the notices were issued to the U.T, Chandigarh and the States of Haryana & Punjab.
(2.) Responding to the notices issued, the UT, Chandigarh has filed an affidavit through the Deputy Superintendent of Police, Central, UT, Chandigarh, stating that in all the 58 cases mentioned in the note of the learned Judge, investigations have since been completed and the challans have been presented in the respective courts. Therefore, according to the UT Administration there is no case "as per the list" in which the accused is in custody and challan not presented in Court within a period of 60/90 days, as the case may be.
(3.) The information furnished by the UT Administration is in respect of those 58 cases which were already identified by the learned Judge in the course of the inspection. What the Court expected the UT Administration to do is not only to verify the said 58 cases but also ascertain whether there are other cases where investigation has not been completed within the period of 60/90 days. However, we do not wish to keep this matter pending on the aforesaid count as the same is capable of being resolved by a direction to the UT Administration to ensure that, as far as practicable, investigation in no case shall remain incomplete on the expiry of 60/90 days, as the case may be.;