Don't Wait For Certified Copies Of Documents To Give Opinion On Filing Appeals In SC/ST Cases : Karnataka High Court

A division bench of Chief Justice Abhay Oka and Justice Suraj Govindaraj said :

"Perused order and affidavit filed by H K Jagdeesh (Director of Prosecutions and Government Litigation) of June 9. Though state can easily get ordinary copies of judgment of acquittals and other relevant papers like exhibited documents, copies of depositions which will normally be available with prosecutor who conducts the trial, Shri Jadgish has maintained that, unless certified copies of relevant documents are received, the work of giving opinion on the issue of filing appeal cannot commence. Perhaps this age-old practice of waiting for certified copies is contributing to the delays in filing of appeals against acquittal."

The court added "We direct the state to correct the said method and ensure that work of giving opinion commences on the basis of depositions, copies of documents exhibited and ordinary copy of the judgement. Only if the concerned prosecutor who is supposed to give an opinion finds that certain documents are missing an application for certified copy can be made." The court has directed the Director of Prosecutions to frame proper guidelines in this behalf and place before the court within a period of three weeks.

The direction came during a case filed by PARISHISTA JAATHI/ PARISHISTA PANGADAGALA MELVICHARANE MATTU BALAVARDHANA SANGHA, concerning the implementation of the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The court also directed the state government to place on record the statistics as was directed in the earlier order regarding number of appeals actually filed and number of appeals where there was a delay in filing. As per information provided earlier, in the year 2015, the State Government recommended filing of twenty appeals. However, the chart placed on record by the State Government in January 2021 records that only six appeals were filed in the year 2015. The court had directed the state government to submit a modified chart containing information up to 30th April 2021.

The matter will be next heard on July 16.