Supreme Court Summons Home Secretaries Of 4 States, 2 UTs For Not Submitting Data On Proclaimed Offenders, Persons Jumping Bail/Parole

Update: 2023-01-12 06:59 GMT
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The Supreme Court on Tuesday revealed that the states of Madhya Pradesh, Goa, Nagaland, Tamil Nadu, and Telengana, and the union territories of Lakshadweep and Puducherry have failed to submit data with respect to the number of proclaimed offenders and the number of persons who have jumped bail or parole, as directed in an earlier order. While hearing a criminal appeal preferred by...

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The Supreme Court on Tuesday revealed that the states of Madhya Pradesh, Goa, Nagaland, Tamil Nadu, and Telengana, and the union territories of Lakshadweep and Puducherry have failed to submit data with respect to the number of proclaimed offenders and the number of persons who have jumped bail or parole, as directed in an earlier order. While hearing a criminal appeal preferred by an appellant who jumped parole during the pendency of the proceedings, the top court had directed not just the state of Haryana, but all other states and union territories to furnish aggregate and district-wise data on the number of persons who had evaded arrest before or during trial, or after being released on parole. In light of this flagrant non-compliance, a Division Bench of Justices Sanjay Kishan Kaul and Abhay S. Oka directed the home secretaries of the recalcitrant states and union territories to appear in court on the next date of hearing, i.e., on February 13. “We are left with no option,” remarked the bench.

In February 2020, the court was informed by the Haryana government that the total number, at that time, of proclaimed offenders in the state was 6,428, persons jumping bail was 27,087 and persons jumping parole were 145. “The position is alarming!” a bench of Justices Sanjay Kishan Kaul and K.M. Joseph had expressed its shock at the outrageous figures, before highlighting the need for interstate cooperation to apprehend persons fleeing from justice across geographical boundaries. The court also proposed a national portal accessible to the general public with details of such delinquents.

In September last year, noting that the last available data was brought on record by the state of Haryana more than a year back, another bench headed by Justice Kaul directed Haryana and other states and union territories to furnish the latest figures with respect to such persons evading arrest. Additional Solicitor-General S.V. Raju was also instructed to apprise the bench of the status of the proposed national portal, and the steps taken by the central government in this regard. Again, in November, the bench noted with dismay that none of the states had responded to an e-mail sent by the law officer seeking their response. Justice Kaul’s bench sounded a note of caution, saying, “We are thus left with little option to issue notice to all the States through chief secretaries making it clear that unless a response is sent to the e-mail of the ASG within one month, the home secretaries of the states would be required to remain present in court.”

Case Title

Kuldeep @ Monu v. State of Haryana & Ors. | Criminal Appeal No. 1000/2011

Click here to read/download the order

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