Show Proof Of Applying For Certified Copy While Seeking Exemption From Filing Certified Copy Of Judgment With SLP : Supreme Court
The Supreme Court, recently (on August 05), has passed a practice direction with respect to filling of Special Leave Petitions, to come into effect from August 20. As per the direction, if any SLP includes an application seeking exemption from filing a certified copy of an impugned order, the same must also attach a receipt from the High Court confirming the request for making an...
The Supreme Court, recently (on August 05), has passed a practice direction with respect to filling of Special Leave Petitions, to come into effect from August 20. As per the direction, if any SLP includes an application seeking exemption from filing a certified copy of an impugned order, the same must also attach a receipt from the High Court confirming the request for making an application for the certified copy.
Further, it must also be stated that the application for a certified copy has not lapsed due to any reason. Lastly, the application must also contain an undertaking of the applicant to furnish the certified copy at the earliest.
“If any special leave petition, arising out of civil proceedings as well as criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment and/or order under challenge, such application must have, as an annexure, the receipt that has been generated/provided by the concerned Section/Department of the high court as acknowledgment of receipt of an application from the applicant for certified copy of the impugned judgment and/or order and the reason for seeking exemption; further, it must have an averment that the application for certified copy has not lapsed owing to non-filing of requisites or otherwise; also, the application must contain an undertaking of the applicant to place the certified copy of the impugned judgment and/or order on record as soon as possible after the same is furnished to him by the concerned Section/Department of the high court.,” issued by the Bench of Justices Dipankar Datta and Prashant Kumar Mishra.
The Bench strengthened this by placing its reliance on the Supreme Court Rules, 2013. The rule prescribes filing of a certified copy of the judgment or order appealed from along with the SLPs (both civil as well as criminal). Apart from this, Rule 1 (19) of Order V gives powers to the Registrar in such exemption applications provided that such application be placed before the Court along with the SLP.
“It has not come to our notice ever that the Registry insists, whenever an application for exemption from filing of the certified copy of the impugned judgment/order accompanies a special leave petition, on the requirement to annex to such application copy of the receipt that is issued by the concerned Department/Section of the high court to the applicant acknowledging that certified copy of such judgment/order has indeed been applied for.,” the Court said.
The Court expressed its dismay that despite there being provisions that explicitly state the requirement of filing the certified copy, it is being breached. It categorically added that such a situation should not allowed to persist and there has to be substantial compliance.
“We are pained to note that despite there being specific provisions in the 2013 Rules requiring a special leave petition to be accompanied by the certified copy of the impugned judgment and order, such provisions are observed more in the breach. Such a situation should not to be allowed to persist; so long the rules exist, there has to be substantial compliance.”
It must be noted that the above direction was passed by the Court in an unusual case. Therein, the present petitioners made a false statement before the Top Court that despite applying for the certified copy of an impugned order, the High Court did not furnish the same.
The Court noted that an application for a certified copy was never made before the High Court. It was only after the filing of the SLP that such an application was made.
Based on a fervent plea made by the Senior counsel, appearing for the petitioners, the Court receded from initiating criminal proceedings against them. However, it firmly dismissed the present SLP.
“However, having regard to the skullduggery that was sought to be adopted, we see no reason to condone the grave lapse on the part of the petitioners and hear them on the merits of the special leave petition. The special leave petition, along with I.A. No.158707 of 2024, I.A. No.158709 of 2024 and I.A. No. 169588 of 2024, stands dismissed.”
The order added that the Court accepts such exemption applications believing them to be correct.
“This mild approach of the Court has generated a sense of belief among litigants that they can get away scot-free even by making statements which are far from the truth. It is high time that some sense of discipline is instilled so that the Court is not taken for a ride.,” the Court said.
It went on to mark that considering the leniency of the Courts, litigants seldom apply for the certified copy. Besides this, no undertaking is obtained for filing the said copy as and when the same is furnished by the High Court.
Against these facts and circumstances, the Court passed the above direction and requested its Secretary-General to notify the same by way of a Circular.
Case Details: HARSH BHUWALKA & ORS v. SANJAY KUMAR BAJORIA., Diary No(s). 30456/2024
Citation : 2024 LiveLaw (SC) 554