Breaking : Single Bench Of SC To Hear Transfer Petitions, Bail Matters Of Offences Punishable With 7 Yrs Imprisonment [Read Notification]
The Supreme Court has amended the Supreme Court Rules 2013 to provide for single bench sitting to deal with transfer petitions and special leave petitions arising out of bail orders with respect to offences punishable up to seven years imprisonment.
Exercising the powers under Article 145 of the Constitution of India, the SC has notified the Supreme Court (Amendment) Rules 2019, to insert a proviso to Rule 1, Order VI of the 2013 Rules.
The SC (Amendment) Rules 2019 was notified in the Official Gazette on September 17.
As per the newly inserted proviso, the following category of matters may be heard and disposed of finally by a Judge sitting singly nominated by the CJ :
- Special Leave Petitions arising out of grant, dismissal or rejection of Bail Application or Anticipatory Bail Application filed under Sections 437, 438 and 439 of Code of Criminal Procedure involving offences punishable with sentence up to seven years imprisonment.
- Application for transfer of cases under Section 406 of Code of Criminal Procedure.
- Application of an urgent nature for transfer of cases under Section 25 of the Code of Civil Procedure.
- Any other category of cases notified by the Chief Justice from time to time.
A new sub-rule has been added in Rule 5, Order XX stating :
"The Registrar shall call the original record of the case, including the record of the Courts below, in the criminal appeals involving sentence of life imprisonment of death penalty:
Provided that such records shall not be requisitioned in other cases, unless specifically ordered by the Court."
Amendments have been brought in the filing procedure