'Procurement Not By Fair Means': J&K&L High Court Flags Practise Of Filing Uncertified Photostat Copies As Annexures
The High Court of Jammu & Kashmir and Ladakh has expressed serious concern over the growing practice of filing uncertified photostat copies of court records as annexures in petitions, observing that such a practice points towards an improper and impermissible mode of procurement of judicial records.
A bench of Justice Rahul Bharti made these observations while hearing a plea wherein the court noted that the petitioner had annexed uncertified copies as annexures to his petition.
Taking strong note of this, the court at the outset directed the petitioners' counsel to produce certified copies of all annexures accompanying the petition, except those documents which were already certified. Justice Bharti noted that the Court had repeatedly encountered petitions, both civil and criminal, where annexures comprised uncertified photostat copies lifted directly from court files.
The Court observed that such documents appear to have been photocopied from judicial records themselves, indicating that litigants were being granted access to court files by clerical staff. This, the Court remarked, was a disturbing practice.
The procurement of such documents from court records, the Court cautioned, is “nothing but a pointer to the fact that the procurement of documents from the court records is not by fair means.”, the court remarked.
While refraining from making further adverse observations at this stage, Justice Bharti called upon the Registrar General, High Court of Jammu and Kashmir and Ladakh to issue strict instructions to all Presiding Officers across courts in the Union Territories of Jammu & Kashmir and Ladakh.
The Court made it clear that if, in future, any petition before the High Court is found to be supported by such uncertified documents sourced from court files, explanations would be sought not only from the concerned clerks but equally from the Presiding Officers of the courts concerned.
The petitioners were granted one week's time to comply with the direction regarding certified copies. The matter has been listed for further consideration on February 23, 2026.
The Court also directed that a copy of the order be forwarded by the Registrar Judicial, Srinagar, to the Registrar General for information and necessary action.
Case Title: Fayaz Ahmad Sheikh Vs Qamar Un Nissa