Supreme Court Dispenses Appearance Of State Home Secretaries Who Defaulted On Proposed National Portal For Proclaimed Offenders

The Supreme Court Monday dispensed the personal presence of Home Secretaries of the States and Union Territories (UTs) who defaulted in submitting data for the creation of a proposed national portal showing the details of proclaimed offenders and persons who have jumped bail or parole.

“It is submitted that all the States, including the defaulting States/Union Territories have sent their responses to the learned ASG (Additional Solicitor General). In view of the responses having been filed, no further personal presence of the Home Secretaries is required”, observed a Bench comprising Justice SK Kaul, Justice Manoj Misra and Justice Aravind Kumar.

On January 9, the Court said that it left with no option but to require the presence of the Home Secretaries of the defaulting States/ Union Territories (Madhya Pradesh, Goa, Nagaland, Tamil Nadu, Telangana, U.T. of Lakshadweep and U.T. of Puducherry) in view of peremptory order passed by it in an earlier hearing.

On the earlier hearing, when ASG informed the Court that “none of the states has responded”, the Court issued notice to all the States through Chief Secretaries making it clear that unless a response within one month, the Home Secretaries of the States would be required to remain present in Court.

Advocate Anshuman Singh, who appeared on behalf of the Additional Solicitor General SV Raju informed the Court that “Mr. S.V. Raju, learned ASG is again on his legs before another Court”.

In Feb 2020, the Court observed that these persons are absconding across the geographical boundaries of Haryana State and there should be inter-State cooperation to apprehend such persons.

The Court said that the position is alarming and data of the State indicates that the total number of proclaimed offenders is 6,428, while the persons who have jumped bail and parole are 27,087 and 145, respectively.

Thereafter, the Court issued notice to the Union of India through the Ministry of Home Affairs and sought assistance of Additional Solicitor General S.V. Raju, on the creation of an online portal.

In September 2022, the Court directed that the Director General of all the states to give the particulars as to the number of proclaimed offenders and the persons who jumped bail as on October 1, 2022. The Court also called upon the states to inform it as to in how many cases have proceedings been taken out under Sections 82 and 83 of Cr.P.C.

The Court has posted the matter for further hearing on April 17, 2023.

Cause Title- Kuldeep @Monu v. The State of Haryana 

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