Custody Certificate- Circulate 'Correct Format' To Jail Authorities & File All Cases In That Format Only: Supreme Court Directs State Of UP

The Supreme Court on Friday asked the Uttar Pradesh State to come up with a correct format of custody certificate and circulate the same to the concerned jail authorities.

The Bench of Justice S. K. Kaul and Justice M. M. Sundresh further directed the UP Government that henceforth in all cases, custody certificate should be filed in that format only.

Essentially, the Court was dealing with the Criminal Appeal filed by one Shankar Khatik, wherein the Court expressed its disappointment with the Affidavit filed by the State of Uttar Pradesh, simply for the reason that it did not file the custody certificate in a proper manner.

Stressing that the custody certificate should be clear in its terms as to the period undergone by the dentenue, the Court directed the respondent-State to have a correct format of a custody certificate which should be circulated to the concerned jail authorities and henceforth in all cases (including the instant one) custody certificate should be filed in that format.

Further, the Court also directed the State of UP to file a proper custody certificate along with an affidavit, affirming that the necessary communications have been sent to the jail authorities sending appropriate format for the custody certificate.

Recently, Justice DY Chandrachud had lauded the Odisha High Court's step to put in place an E-custody certificate system noting that it is beneficial for justice administration, and hence, he stressed that it would be ideal to replicate the same in other states

Case title  - SHANKAR KHATIK v. THE STATE OF UTTAR PRADESH 

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