AELTEMESH REIN, ADVOCATE, SUPREME COURT OF INDIA versus UNION OF INDIA & ORS.

AELTEMESH REIN, ADVOCATE, SUPREME COURT OF INDIA versus UNION OF INDIA & ORS.

The Supreme Court cannot compel the Central Government to bring section 30 of the Advocates Act, 1961 into force by issuing a writ of mandamus because the statute leaves the decision to the discretion of Government. However, the Court may and does direct the Government to consider, within a specified time, whether circumstances warrant bringing the section into force. In respect of instructions on handcuffing, the Court directed the Union of India to frame guidelines in conformity with the judgment in Prem Shankar Shukla v. Delhi Administration and circulate them to State Governments and Union Territories.

Parties
Petitioner: Aeltemesh Rein; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
04 August 1988
Procedural Posture
Writ Petition (criminal) Under Article 32 of the Constitution of India / Final Disposition
Outcome
Petition disposed of with directions.
Legal Topics
Mandamus, Discretion of Government, Enforcement of Statutory Provisions, Advocates' Right to Practice, Handcuffing of Accused, Separation of Powers
Constitutional Law Administrative Law Criminal Law Advocates Law Mandamus Discretion of Government Enforcement of Statutory Provisions Advocates' Right to Practice +2 more

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Parties

Aeltemesh Rein

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (criminal) Under Article 32 of the Constitution of India / Final Disposition

Legal Issues

  1. 1 Whether the Supreme Court can issue a writ of mandamus to the Central Government to bring into force a statutory provision when the statute leaves the date of enforcement to Government discretion.
  2. 2 Whether the Supreme Court can direct the Central Government to consider bringing into force section 30 of the Advocates Act, 1961.
  3. 3 Whether the Central Government should frame and circulate guidelines regarding the handcuffing of accused persons in accordance with a previous Supreme Court judgment.

Ratio Decidendi

The Supreme Court cannot compel the Central Government to bring section 30 of the Advocates Act, 1961 into force by issuing a writ of mandamus because the statute leaves the decision to the discretion of Government. However, the Court may and does direct the Government to consider, within a specified time, whether circumstances warrant bringing the section into force. In respect of instructions on handcuffing, the Court directed the Union of India to frame guidelines in conformity with the judgment in Prem Shankar Shukla v. Delhi Administration and circulate them to State Governments and Union Territories.

Court Disposition

Petition disposed of with directions.

Orders

  • A writ in the nature of mandamus is issued to the Central Government to consider within six months whether section 30 of the Advocates Act, 1961 should be brought into force.
  • The Union of India is directed to frame rules or guidelines regarding the circumstances under which accused persons may be handcuffed, in conformity with the judgment in Prem Shankar Shukla v. Delhi Administration, and circulate them among all State Governments and Union Territories within three months.