[SC/ST Act] Waiting for certified copies may be reason for delay in filing appeals against acquittal: Karnataka High Court

The Karnataka High Court on Monday opined that the practice of waiting for certified copies of orders/judgments may be one of the reasons for delays in filing appeals against acquittal of cases..The Court was hearing a plea seeking proper implementation of the SC/ST Act and the Rules framed under it..In March, the State government had informed the High Court that in the last two years, out of 1,787 cases of acquittal under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act of 1989 [SC/ST Act], only 85 were forwarded for appeal..The Court had then quizzed the government for the reason on why only a minuscule number of cases were proceeded for appeal.Accordingly, the State government through special secretary HK Jagdish filed an affidavit before the Court on June 9, 2021. A Bench of Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj noted that though the State government can easily get ordinary copies of judgment of acquittal and other relevant papers with regard to cases registered under the SC/ST Act, the affidavit stated that unless certified copies of relevant documents is received, the work of giving opinion on the issue of filling appeal cannot commence. “Though the State government can easily get ordinary copies of judgment of acquittal and other relevant papers like exhibited documents, copies of depositions will be normally available with prosecutor who conducts the trial, Shri Jagdish has maintained that, unless certified copies of relevant documents is received the work of giving opinion on the issue of filling appeal cannot commence. Pursued Perhaps the age-old practice waiting for certified copies is contributing in delays in filing appeals against acquittal,” the order said. ."Out of 1,787 cases of acquittal under SC/ST Act in last two years, only 85 forwarded for appeal:" Karnataka Govt informs Karnataka High Court.Therefore, the Court directed the State to correct the said method and ensure that the work of giving opinion commences on the basis of depositions copies of documents exhibited and ordinary copy of judgment.Only if the concerned prosecutor who is supposed to given opinion finds that a certain document is missing, an application for certified copy can be made, the Court added.In this regard, the Court ordered the Director of Prosecutions to frame proper guidelines. The Court further proceeded to direct the State to place on record the details of the meetings of the High-powered Vigilance committee, District and Sub divisions Monitoring Committee, held after November 12, 2020.The matter will be heard next on July 16.