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"Tendency To Treat Other Judge As Only Completing Quorum Has Been There For Long": Gujarat HC On APP's Failure To Bring 2nd Copy Of Papers

Sparsh Upadhyay
13 Sep 2021 9:43 AM GMT
Tendency To Treat Other Judge As Only Completing Quorum Has Been There For Long: Gujarat HC On APPs Failure To Bring 2nd Copy Of Papers
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"The tendency of treating one of the judges as only for the purpose of completing quorum has been there for long," observed Gujarat High Court as the Additional Public Prosecutor (APP) appearing in an appeal against acquittal failed to bring a second copy of the papers he was relying upon."What about my copy? If you have one copy, that would always be for my brother judge. Will, you have...

"The tendency of treating one of the judges as only for the purpose of completing quorum has been there for long," observed Gujarat High Court as the Additional Public Prosecutor (APP) appearing in an appeal against acquittal failed to bring a second copy of the papers he was relying upon.

"What about my copy? If you have one copy, that would always be for my brother judge. Will, you have two copies from the next time?," Justice Paresh Upadhyay orally asked him when the APP attempted to pass on documents. 

Essentially, the Division bench of Justice Paresh Upadhyay and Justice A. C. Joshi was hearing an appeal of the State of Gujarat filed against the acquittal order passed by a Patan Court in connection with one Dilipbhai Dahyabhai who had been booked under Section 354, 363 to 374 & 376, 377 of IPC.

During the course of the hearing, when the Additional Public Prosecutor attempted to pass on some papers to the bench, and since the copy of the same was only one in number, therefore, the Bench remarked the following:

"...his office (APP) should cultivate the habit that when the matters are represented before a Division Bench, there should be a basic courtesy that if some papers are to be given to the bench, then the same shall be two in number."

Lastly, Justice Paresh Upadhyay remarked:

"This is basic indiscipline. Sitting as a junior judge on the bench, if I had said this, it wouldn't have been appropriate, however, I have some responsibility as a senior judge that if I have only one copy, that is given to my brother Judge."

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