Page 21 - Supreme Court Good Samaritan Statutory Force of GOI - 12 May 2015

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Remaining guidelines in the notifications dated 12.5.2015 and

21.1.2016 are approved and it is ordered that guidelines with aforesaid

modifications made by us 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.

20. We also direct that the court should not normally insist on

appearance of Good Samaritans as that causes delay, expenses and

inconvenience. The concerned court should exercise the power to

appoint the Commission for examination of Good Samaritans in

accordance with the provisions contained in section 284 of the Code of

Criminal Procedure, 1973 suo motu or on an application moved for that

purpose, unless for the reasons to be recorded personal presence of good

Samaritan in court is considered necessary.

21. Affidavits have been filed on behalf of State of Tripura and State

of Orissa. They have issued the notification. However, the treatment

shall not be less favourable than the one as provided in the aforesaid

guidelines which are issued by the Ministry of Road Transport &

Highways which have been made a part of this Order, and the guidelines

issued by the state Governments in consonance thereof shall also be

binding upon all concerned to be complied with scrupulously. However,

it is clarified that guidelines in relation to protection of a Good

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