LI Network
Published on: February 10, 2024 at 20:31 IST
In a recent development, the Supreme Court has expressed its view that the Registry should promptly request the soft copies of records from the High Court and the Trial Court immediately after granting leave to appeal in petitions challenging convictions or acquittals.
The bench, comprising Justices Abhay S. Oka and Ujjal Bhuyan, asserted, “In our opinion, whenever leave is granted in an appeal challenging the order(s) of conviction or order(s) of acquittal, there has to be a practice of immediately calling for the soft copies of the record of the High Court and the Trial Court; to upload the same on the system; and to provide soft copies thereof to the learned counsel representing the parties.“
This observation was made during the hearing of an appeal challenging a conviction order where leave was granted in August 2023, but the Registry had not yet requested the Trial Court record.
Identifying this as a significant cause of delays in appeal hearings, the court emphasized that in numerous cases, unless there is a specific court order, the registry fails to request the records.
“Therefore, it will be appropriate if the Registrar (Judicial) seeks appropriate administrative directions from Hon’ble the Chief Justice of India so that the Registry will call for the soft copies of the record of the High Court and the Trial Court immediately after leave is granted in such cases,” the Court suggested, while adjourning the matter.
Additionally, the court directed the Registry to promptly request the soft copies of the High Court and Trial Court records.
The case in question is MIJAI MOLLA @ MIJANUR MOLLA & ORS. VERSUS THE STATE OF WEST BENGAL, with the citation 2024 LiveLaw (SC) 105.