Through Amicus Curiae v. The Union Of India And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 106 CRIMINAL SUO-MOTO PUBLIC INTEREST LITIGATION NO. 1 OF 2024 Through Amicus Curiae

VERSUS

The Union of India and others ...

Advocate for the Petitioner : Mr. Aniruddha A. Nimbalkar (amicus curiae) Public Prosecutor for Respondent Nos.3 and 4: Mr. A.B.Girase Advocate for Respondent No.5 : Mr. R.S. Deshmukh, senior advcoate i/b Mr. A.B. Kadethankar .....

CORAM : SMT. VIBHA KANKANWADI AND SANJAY A. DESHMUKH, JJ.

DATED : 4th AUGUST, 2025 PER COURT :- 1.

In view of our order dated 31.07.2025, the learned Public Prosecutor is producing a copy of his letter dated 1.8.2025 addressed to the Chief Secretary, Additional Chief Secretary, Home department, Additional Chief Secretary, Finance department and Principal Secretary, Law and Judicial Department, thereby he had informed the said order and sought instructions. The copy of the said letter is taken on record and marked as "X-1" for identification. 2.

He is producing two copies of letters of the Section Officer, Home department, one is written to Director General of Police, Maharashtra State and to himself, wherein it is informed that the

-2proposal has been sent to the Finance department. The copies of the said letters are taken on record and marked as Exh. "Y" (collectively). However, the said letter does not mention the date on which the proposal was sent. Further, there appears to be no response from the Additional Chief Secretary, Finance department to the letter dated 01.08.2025 given by the learned Public Prosecutor. When an order is passed by this Court then there has to be a response. The learned Public Prosecutor was depending on the State and therefore, necessary instructions were required and when there are specific directions to him to take instructions and make a statement, then those instructions ought to have been given to him. We therefore, once again direct the learned Public Prosecutor to get the instructions in writing from the Finance department as to when the proposal in respect of meeting that was held on 09.07.2025 was received and when the Finance department is going to release the said amount. Such instructions to be taken and statement be made on 12.08.2025.

3.

In those letters dated 04.08.2025, it appears that in view of the our observations in respect of stop-gap arrangement regarding State Reserve Police Force to be deployed at the Principal Seat and both the Benches i.e. at Nagpur and Aurangabad till the arrangement for employing/deploying the M.S.S.C. personnel takes place, the data

-3appears to have been called till 7.8.2025 and therefore, that statement, after getting the said data, be also made on 12.08.2025. Necessary instructions to be given by the Home department in that respect.

4.

It will not be out of place to mention that in last week there was untoward incident in the court hall of learned C.J.S.D. Shrirampur, district Ahmednagar wherein a person had attacked the advocate and offence under Section 307 of I.P.C. appears to have been registered. The said accused is stated to have been tried to strangulate the advocate. We are taking only note of incident on the basis of a newspaper, in order to highlight that it is necessary to provide the security within the court premises as early as possible. If such persons are available within the premises, such incidents may not take place.

5.

Place the matter at 2.30 p.m. on 12.08.2025.

(SANJAY A. DESHMUKH, J.) (SMT. VIBHA KANKANWADI, J.) rlj/