LexIN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS versus .
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[2017] 4 S.C.R. 673 IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING A INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS (Suo Motu Writ (Cr!.) No. l of2017) MARCH 30, 2017 [S. A. BOBDE AND L. NAGESWARA RAO, JJ.) B Criminal law - Criminal trial - Common inadequacies and deficiencies occurring in course of trial - Held: To bring about uniform best practices to be followed by Criminal Courts across the country, general consensus to be arrived at on the need to amend relevant rules of Practice/Criminal Manuals - Suggestions also c invited on other areas of concern - Kerela Criminal Rules of Practice, 1982 - rr. 62, 132, 134 - Andhra Pradesh Criminal Rules of Practice and Circular Orders, 1990 - r. 66 - Code of Criminal Procedure, 1973 - ss. 164, 207, 228, 238, 244, 251, 354, 428 - Evidence Act, 1872 - ss.27, 145, 157 - Constitution of India -Art. 142 - Supreme Court - Directions/Guidelines. CRIMINAL ORIGINAL JURISDICTION: Suo Motu Writ (Cr!.) No. l of2017. D Basant R., Sr. Adv., Raghenth Basant, Karlik Ashok, James Joseph, Mishal Johari, Senthil Jagadeesan, Ms. Bina Madhavan, Ad vs.· E f0r the Appellants. Siddharth Luthra, Sr. Adv., Deepak Prakash, Anoopam N. Prasad, Ali Chaudhury, Swati Ghildiyal, Kuna! Singh, Subhash Chandran, Ms. Usha Nandini, G. Prakash, Jishnu M. L., Mrs. Priyanka Prakash, Mrs. Beenu Prakash, Manu Srinath, Ms. Bina Madhavan, Ms. Usha Nandini V, Advs. for the Respondents. The following Order of the Court was delivered ORDER l. During the course of hearing of Criminal Appeal No.400/2006 F and connected matters, Mr. R. Basant, learned Senior Counsel appearing G for the appellants-complainant, pointed out certain common inadequacies and deficiencies in the course of trial adopted by the trial court while disposing of criminal cases. In particular, it was pointed out that though there are beneficial provisions in the Rules of some of the High Courts 673 H 674 SUPREME COURT REPORTS [2017] 4 S.C.R. A which ensure that certain documents such as list of witnesses and the list of exhibits/material objects referred to, are annexed to the judgment and order itself of the trial court, these features do not exist in Rules of some other High Courts. Undoubtedly, the judgments and orders of the trial court which have such lists annexed, can be appreciated much better B by the appellate courts. 2. Certain other matters were also pointed out by Mr. Basant, learned Senior Counsel for the appellants- complainant, during the course of arguments. He made the following submissions : A. In the course of discussions at the Bar while considering this c case, this Court had generally adverted to certain common inadequacies and imperfections that occur in the criminal trials in our country. J venture to suggest that in the interests of better administration of criminal justice and to usher in a certain amount of uniformity, and acceptance of best practices prevailing over various parts of India, this Court may consider issue of certain general guidelines to be followed across the board by alt D Criminal Courts in the country. B. The following areas may be considered specifically: 1. The pernicious practice of the Trial Judge leaving the recording of deposition to the clerk concerned and recording of evidence going on E in more than one case in the same Court room, at the same time, under the presence and general supervision of the presiding officer has to be disapproved strongly and discontinued forthwith. A visit to Delhi Trial Courts any day will reveal this sad state of affairs, I am given to understand. F 2. The depositions of witnesses must be recorded, in typed format, using computers, in Court, to the dictation of the presiding officers (in English wherever possible) so that readable true copies will be available straightaway and can be issued to both sides on the date of examination itself. G 3. The deposition of each witness must be recorded dividing it into separate paragraphs assigning para numbers to facilitc.te easy reference to specific portions later in the course of arguments and in Judgments. 4. Witnesses/documents/material objects be assigned specific nomei lature and numbers like PWs/DWs/CWs (1 onwards); Ext. Pl H IN KE: TO ISSUE CERTAIN GUIDELINES REGARDING 675 INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS Ext. D/Ext. C (I onwards); MOs (I onwards) etc., so that refe1ence A later becomes easy and less time-consuming. Kind
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