Soft Copies Of HC/Trial Court Records Should Be Called As Soon As Leave Is Granted : Supreme Court Asks Registry To Obtain Instructions From CJI

The Supreme Court has opined that the Registry should call for the soft copies of the records of the High Court and the Trial Court immediately after leave to appeal is granted in a petition challenging orders of conviction/acquittal.

"In our opinion, whenever leave is granted in an appeal challenging the order(s) of conviction or order(s) of acquittal, there has to be a practice of immediately calling for the soft copies of the record of the High Court and the Trial Court; to upload the same on the system; and to provide soft copies thereof to the learned counsel representing the parties.", the Bench comprising of Justices Abhay S. Oka and Ujjal Bhuyan observed while hearing an Appeal challenging the order of conviction, where leave was granted in August 2023, but the Registry has not called for the record of the Trial Court.

Pointing out this as one of the important causes of delay in hearing the appeals, the court noted that in a large number of appeals, unless there is an order of the Court to that effect, the record is not being called for by the registry.

"Therefore, it will be appropriate if the Registrar (Judicial) seeks appropriate administrative directions from Hon'ble the Chief Justice of India so that the Registry will call for the soft copies of the record of the High Court and the Trial Court immediately after leave is granted in such cases.", the court observed while adjourning the matter.

The court further directed the Registry to immediately call for soft copies of the record of the High Court and the Trial Court.

Case Details: MIJAI MOLLA @ MIJANUR MOLLA & ORS. VERSUS THE STATE OF WEST BENGAL

Citation : 2024 LiveLaw (SC) 105

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