E-Copies Of Trial Court Records Will Help Faster Disposal Of Criminal Appeals : Supreme Court Suggests Amendments To SC Rules

The Supreme Court recently raised concerns about the material witness depositions not being placed on record. The Court lamented that such omissions frequently lead to repeated adjournments contributing to the backlog and delay in the resolution of appeals.

The Supreme Court bench comprising Justices Sanjay Karol and Justice Abhay S. Oka was hearing an appeal against a Kerala High Court judgment in a murder case. Notably, the conviction of the appellants was upheld by the apex court in this case after this tragedy took place 20 years ago.

in a bid to expedite the process and enhance efficiency, the Court reviewed Order XX of the Supreme Court Rules, 2013, particularly sub-rules 2 and 3 of Rule 5, which stipulate the procurement of physical copies of original records in criminal appeals, primarily those involving life sentences or the death penalty.

The Court has recommended amendments to streamline the requisition of case records in criminal appeals as follows-

• E-Copies of original records- Sub-Rule 3 be amended to insert the words 'soft copy' before the words 'original records', resulting in e-copies of the Original Records being requisitioned. This would facilitate a much quicker availability of such records to the court and also further a more environmentally conscious approach.
• Extend such requisition also where leave granted against conviction or acquittal: Further, through necessary amendment to the Rules such requisition of the soft copy of the record be extended to cases where leave is granted against an order of acquittal or conviction.
• Providing Soft copies to counsels: Such soft copies of the records, once received be provided to the learned counsel appearing for the parties

Emphasizing transparency and accessibility, the court directed the “Registry to place a copy of this judgment before Hon'ble the Chief Justice of India for his kind consideration and appropriate directions, should he deem fit.”

Also from the judgment - Supreme Court Explains Essentials To Prove Conspiracy While Affirming Life Sentence To Convicts In Kerala Hooch Tragedy

Case title: Sajeev v. State of Kerala

Citation: 2023 LiveLaw (SC) 974 

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