SC: When Records of Trial Court are Summoned,Photocopy of the Record may be Sent

May 01, 2018

In a case recently taken up by the Supreme Court (Asian Resurfacing of Road Agency P. Ltd. and Anr. v. Central Bureau of Investigation), the Court has directed that in all such cases wherein records of the Trial Court are summoned, the trial courts may send photocopy/scanned copy of the record and retain the original so that the proceedings are not held up.

The Court has further directed that in cases where specifically original record is required by holding that photocopy will not serve the purpose, the appellate/revisional court may call for the record only for perusal and the same be returned while keeping a photocopy/scanned copy of the same.

Thus, the Two-Judge Bench of the Supreme Court has directed that that wherever original record has been summoned by an appellate/revisional court, photocopy/scanned copy of the same may be kept for its reference and original returned to the trial courts forthwith.

The Apex Court has also directed a copy of the aforesaid order to be dispatched to all the High Courts for necessary implementation.

The Supreme Court in the case also refused to interfere with its order of March 28, 2018 whereby the Court had directed that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended.

SC: Stay against Pending Civil and Criminal Cases To End in Six Months

The Supreme Court’s order can be accessed here.