IN RE: TO ISSUE CERTAIN GUIDELINES REGARDING INADEQUACIES AND DEFICIENCIES IN CRIMINAL TRIALS Vs. STATE OF ANDHRA PRADESH AND OTHERS

JUDGEMENT

(1.) This suo motu proceeding under Article 32 was initiated during the course of hearing of a criminal appeal[1]. The Court noticed common deficiencies which occur in the course of criminal trials and certain practices adopted by trial courts in criminal proceedings as well as in the disposal of criminal cases and causes. These related, amongst others, to the manner in which documents (i.e. list of witnesses, list of exhibits, list of material objects) referred to are presented and exhibited in the judgment, and the lack of uniform practices in regard to preparation of injury reports, deposition of witnesses, translation of statements, numbering and nomenclature of witnesses, labeling of material objects, etc. These very often lead to asymmetries and hamper appreciation of evidence, which in turn has a tendency of prolonging proceedings, especially at the appellate stages.

(2.) The Court had noticed that on these prominent aspects, rules appeared to have been formulated by certain High Courts, whereas many other High Courts have not framed such rules. This has led to a lack of clarity and uniformity in regard to the presentation of trial court proceedings and records, for the purpose of appreciation at the High Court level and eventually, before this court.

(3.) By an elaborate order dated 30.03.2017, this Court noted various salient aspects and flagged inadequacies in the practices and rules of High Courts by taking a cue from existing rules in some High Courts[2]. After noticing about 13 issues, the Court felt the desirability of a uniform approach - in description of exhibits, manner and description of recording of statements of witnesses, labeling of material objects, and so on. The Court therefore, issued notice to the Registrar Generals of all High Courts, Chief Secretaries and Administrators of States and Union Territories as well as Advocates General, Additional Advocates Generals and Senior Standing Counsel of all states and Union Territories. By a later order dated 07.11.2017, the Court appointed Mr. Sidharth Luthra and Mr. R. Basanth, Senior Advocates as amici curiae. On 20.02.2018, Mr. K. Parameshwar, learned counsel was also appointed as amicus curiae to assist the senior counsel who were earlier appointed as amici curiae. All concerned State Governments and Union Territories as well as High Courts through their Registrar Generals were called upon to submit their responses along with suggestions.