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BUDHADEV KARMASKAR versus STATE OF WEST BENGAL

Citation: [2011] 11 S.C.R. 397 · Decided: 15-09-2011 · Supreme Court of India · Bench: MARKANDEY KATJU, GYAN SUDHA MISRA · Disposal: Hearing Adjourned

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Judgment (excerpt)

[2011) 11 S.C.R. 397 
BUDHADEV KARMASKAR 
v. 
STATE OF WEST BENGAL 
(Criminal Appeal No. 135 of 2010) 
SEPTEMBER 15, 2011 
[MARKANDEY KAT JU AND GYAN SUDHA MISRA, JJ.] 
A 
B 
Public Interest Litigation - Sex workers - Problems of -
Panel had been set up vide earlier Court order dated 
19.07.2011 with Mr. Pradip Ghosh, Senior Advocate, as its C 
Chairman - Suggestions made by the Panel in its Third 
Interim report dated 12.09.2011 - Held: The suggestions are 
good - Sex workers face great difficulty in getting ration cards, 
voter's identity cards or in opening bank accounts, etc. - The 
authorities should see to it that sex workers do not face these 
D 
difficulties as they are also citizens of India and have the 
same fundamental rights as others - Suggestions made by 
the Panel in its Third Interim Report be seriously taken into 
consideration by the Central Government, the State 
Governments and other authorities and hence all efforts be 
E 
made to implement these suggestions expeditiously -
Without a proper office and infrastructure the Panel will not 
be able to discharge its duties properly - Therefore, again the 
Central Government and the State Government of Delhi are 
requested to do the needful in this connection expeditiously 
F 
- In pursuance of earlier order dated 24.08.2011 the Central 
Government has deposited a sum of Rs. 10 Lakh with the 
Secretary General of Supreme Court - Some of the States/ 
Union Territories have made payment as directed by 
Supreme Court -
However, some of the States/Union G 
Territories are yet to make payment - Those States or Union 
Territories which have not yet made payment are directed to 
make payment within three weeks (except those which have 
no sex workers) - Amount deposited with the Secretary 
397 
H 
398 
SUPREME COURT REPORTS 
[2011) 11 S.C.R. 
A General of Supreme Courl be transferred to the account of 
the Panel in the UCO Bank, Supreme Courl Compound 
Branch- Case be listed on 15.11.2011 by which time another 
reporl shall be submitted by the Panel. 
B 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal 
No. 135 of 2010. 
From the Judgment and Order dated 25.07.2007 of the 
High Court of Calcutta in C.R.A. No. 487 of 2004. 
C 
Solicitor General of India. P.P. Malhotra, ASG, Pradip 
Ghosh, Jayant Bhushan, T.S. Doabia, Ashok Bhan, A. 
Mariarputham, S. Sundaravaradhan, Anand Grover, Dr. Manish 
Singhvi, Shail Kr. Dwivedi, Manjit Singh, S.V. Madhukar, A.AG., 
Pijush K. Roy, Rebbeca George, Gautam Talukdar, Lajja Ram, 
D Gaurav Sharma, Zaid Ali, Sushma Suri, Wasim Quadri, Anjani 
Aiyagari, Anil Katiyar, Sadhna Sandhu, S.S. Rawat, D.S. Mahra, 
lrshad Ahmad, Anitha Shenoy, Sandeep Singh, Alka Sinha, 
Anuvrat Sharma, D. Mahesh, Babu, Ramesh Allanki, Savita 
Dhanda, V. Pattabhi Ram, Riku Sarma, Navnit Kumar (for 
E Corporate Law Group), Anil Shrivastav, Rituraj Biswas, Gopal 
Singh, Manish Kumar, Anjani Aiyagari, S. Wasim A. Quadiri, 
A.J. Faisal, Hemantika Wahi, Ashwani Kumar, Tarjit Singh, 
Kamal Mohan Gupta, Abhishek Sood, Rohit Kr. Singh, Sunil 
Fernandes, Suhaas R. Joshi, Astha Sharma, P.V. Dinesh, 
F Rupesh Babu, Liz Mathew, Jogy Scaria, Sanjay V. Kh~rde (for 
Asha Gopalan Nair), Kh. Nobin Singh, Balaji Srinivasan, RadhaΒ· 
Shyam Jena, Kuldip Singh, R.K. Pandey, H.S. Sandhu, K.K. 
Pandey, M. Mohit Mudgil, Aruna Mathur, Avneesh Arputham, 
Yusuf Khan Aruputham Aruna & Co. Aniruddha P. Mayee, 
G Chanchal Kr. Ganguly, Abhijit Sengupta, T.C. Sharma, Anil K. 
Jha, Chhaya Kumari, S.K. Diwakar, Atul Jha, Dharmendra Kr. 
Sinha, Vibha Datta Makhija, V.G. Pragasam, S.J. Aristotle, 
Prabhu, Ramasubramanian, Savita Singh, Tripti Tandon, 
Amritananda Chakravorty, Mihir Samson, Prakash Kumar 
Singh, Ravi Kant, A. Subhashini, C.D. Singh, K.N. 
H 
BUDHADEV KARMASKAR v STATE OF \NEST 
399 
BENGAL 
Madhsoodhanan, M.T. George, Subramonium, Prasad, J.K. 
A 
Bhatia, Manpreet Singh Doabia, Kiran Bhardwaj, Edward 
Belho, C.H. Kennedy, K. inatoli Serna, Nimshim Voshum, 
Ranja~ Mukherjee for the appearing parties. 
The following order of the Court was delivered 
8 
ORDER 
Heard learned Amicus Curiae and learned counsel for the 
parties. 
c 
This case was initially a criminal appeal, but later was 
converted into a Public Interest Litigation suo motu by our order 
dated 14th February, 2011. By that order we dismissed the 
criminal appeal of the appellant and upheld his conviction. 
However, we were of the opinion that the problems of sex 
0 
workers required urgent attention by this Court.

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