LexSAVELIFE FOUNDATION & ANR. versus UNION OF INDIA & ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2016] 2 S.C.R. 45
SAVELIFE FOUNDATION & ANR.
v.
UNION OF INDIA & ANR.
(Writ Petition (C) No. 235 of 2012)
MARCH 30, 2016
[V. GOPALA GOWDA AND ARUN MISHRA, JJ.]
Constiturion of India, 1950 - Arts 321142, 141, 21114 -
Protection of samarilans-bystanders and passers-by who render help
to the victims of road accidents - Development of supportive legal
framework - Constitution of Commitlee lo develop guidelines for
protecting Good Samaritans from police harassment and legal
hassles - Acceptance of the recommendations of the Committee by
the Ministry - Issuance of Notifications laying down 'Good
Samaritan Guidelines and standard operating procedures to be
issued for examination of good Samaritans by the police or during
trial - Prayer by the Ministry that the guidelines notified be declared
to be enforceable by this Court so t11a/ it is binding on all the States
and Union Territories until the l.Ji1ion Government enacts a law to
this ~/feet - Held: This Court can issue guidelines and directions
by including a command jiJr its compliance till such time a proper
legislation is enacted - Issuance of such directions under Art 321
142 to i1111>le111ent and e11fi1rce the guidelines necessmy for protection
ofrig/11.1 under Art 21114 so as lo provide immediate help to the
victims of the accident and protection lo Good Samaritans -
Guidelines will have the force of/aw u!Art 141 - Guidelines with
certain modifications be complied with by the Union Territories and
all the functionaries of the State Governments as law laid doll'n by
this Court under Art 321142 and be treated as binding as per the
mandate of Art. 141.
Allowing the writ petition, the Court
HELD: 1.1 The guidelines and directions can be issued by
this Court including a command for compliance of guidelines and
standard operating procedure issued by Government of India,
Ministry of Road Trans11ort and Highways, till such time as the
legislature steps in to substitute them by proper legislation. This
Court can issue such directions under Article 32 read with Article
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SUPREME COURT REPORTS
[2016] 2 S.C.R.
142 to implement and enforce the guidelines which are necessary
for protection of rights under Article 21 read with Article 14 of
the Constitution of India so as to provide immediate help to the
victims of the accident and at the same time to provide protection
to Good Samaritans. The guidelines will have the force of law
under Article 141. By virtue of Article 144, it is the duty of all
authorities-judicial aud civil-in the territory of India to act in aid
of this Court by implementing them. [Para 18] [62-E-F)
1.2 In the notification dated 12.5.2015, the guidelines
contained in para 13, the 'acknowledgement' if so desired by Good
Samaritans, has to be issued as may be prescribed in a sh111ch1rd
format by the State Government. Till such time the format is
prescribed, there should be no vacuum hence it is directed that
acknowledgement be issued on official letter-pad etc. and in the
interregnum period, if so desired by Good Samaritan, mentioning
the name of Samaritan, address, time, date, place of occurrence
and confirming that the injured person was brought by the said
Samaritan. [Para 19) [62-G-H; 63-A)
1.3 The notification dated 21.1.2016 with respect to the
examination of Good Samaritan by the Police as contained in para
2{vii) is modified and would be read in the following manner that
the affidavit of Good Samaritan if filed, shall be treated as complete
statement by the Police official while conducting the investigation.
In case statement is to be recorded, complete statement shall be
recorded in a single examination." Remaining guidelines in the
notifications dated 12.5.2015 and 21.1.2016 are approved and it
is ordered that guidelines with said modifications be complied
with by the Union Territories and all the functionaries of the State
Governments as law laid down by this Court under Article 32
read with Article 142 of the Constitution of India and the same
be treated as binding as per the mandate of Article 141. [Para
19] [63-A-D]
1.4 It is directed that the court should not normally insist
on appearance of Good Samaritans as that causes delay, expenses
and inconvenience. Tlte concerned court should exercise the
power to appoint the Commission for examination of Good
Samaritans in accordance with the provisions contained in section
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