Supreme Court: Circulate correct format of Custody Certificate to Jail Authorities

Supreme Court Apex court State of Uttar Pradesh Order Custody Certificate

Alka Verma-

Published On: November 14, 2021 at 15:19 IST

On Friday, the Supreme Court of India ordered State of Uttar Pradesh to use the right format of Custody Certificate.

The Court also directed the State of UP to circulate the correct format to the concerned Jail Authorities.

Adding to this, a Bench comprising Justice S. K. Kaul and Justice M. M. Sundresh also ordered to file the Custody certificates in all the concerned cases, in correct format only.

The Bench made these Orders while hearing a Criminal Appeal filed by Shankar Khatik, wherein the Bench observed that the Custody Certificate filed by Uttar Pradesh State is not in a correct format.

The Bench after observing this, showed its dissatisfaction towards the act of the State of Uttar Pradesh.

“We are not satisfied with the Affidavit filed by the State of Uttar Pradesh simply for the reason that this is not the format in which a Custody certificate should be filed. The Custody certificate should be clear in its terms as to the period undergone by the dentenue,” stated the Bench.

Adding to this, the Court ordered the Respondent-State to come up with a correct format of Custody Certificate and directed to circulate the same to all the concerned Authorities.

At the last, the Court ordered the State of Uttar Pradesh to file a correct form Custody Certificate.

“Have a correct format of a Custody Certificate which should be circulated to the concerned Jail Authorities and henceforth in all cases Custody Certificate should be filed in that format. In the present case also the Custody Certificate should be filed in that format,” stated the Bench.

The Bench also ordered the State of Uttar Pradesh to file an Affidavit as well, stating that all the necessary communications have been made and the Custody Certificates have been sent to the Jail Authorities in appropriate format only. 

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