'Records Missing' : Punjab & Haryana High Court Closes 23-Year Old Case; Says Few Files Getting Stolen Or Eaten By Termites Not Unusual

The Punjab & Haryana High Court recently closed a 22 years old petition because the records could not be traced despite "all possible efforts."

Justice Anoop Chitkara observed, "Given the heaps of files to deal with, if a few files are misplaced, stolen, eaten by termites, or get mixed with others would not be unusual. Given this, the sole option left with this court is to close this petition, with liberty reserved to any party to revive it by filing an application placing the reconstructed record."

These observations came in response to a revision petition filed in 2000 by the State of Punjab in a case pertaining to Prevention of Corruption Act. The accused was stated to be convicted in 2012 and sentenced to 2 years of imprisonment.

However, the Court was informed that despite all efforts, the records of the case could not be traced. 

Considering the submissions, the Court noted, "A detailed office report, referring to the efforts made and steps taken to reconstruct the record, reveals that the record was unavailable to be reconstituted despite all possible efforts."

"Despite the matter being so old, the petitioner never filed any application to expedite its decision, which casts a shadow over its serious intent to contend this old matter," it added.

Justice Chitkara further observed that, probably the initial delay lost all hopes, and the failure to decide in a reasonable time probably failed the hopes for justice. 

Stating that, "...the sole option left with this court is to close this petition, with liberty reserved to any party to revive it by filing an application placing the reconstructed record," the Court disposed of the plea.