Sufficient to furnish Photocopy of Trial Court records before Appellate/ Revisional courts, SC

The Supreme Court has ordered that when records of trial court are summoned by higher courts, the trial court can furnish a photocopy or scanned copy of the record and retain the original..This directive was issued by a Bench comprising Justices AK Goel and Rohinton Fali Nariman in a criminal appeal in the case Asian Resurfacing of Road Agency P. Ltd. And Anr. v. Central Bureau of Investigation..With a view to ensure that proceedings are not held up at any stage, the Supreme Court said that when an appellate or a revisional court summons records of trial court, the trial court can furnish a photocopy or scanned copy of such a record..“We also direct that if in future the trial court record is summoned, the trial courts may send photocopy/scanned copy of the record and retain the original so that the proceedings are not held up.”.Trial courts can retain the original records unless the higher court is of the opinion that a photocopy or scanned copy alone will not suffice. In such case when original records are specifically asked for, the higher courts must return the original records to the concerned trial court after they have scrutinized the records and retain a copy with them for the course of the proceedings..“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.”.This directive comes almost a month after the judgment by a three-judge bench of the SC was delivered on March 28 this year, stating that a stay on any civil or criminal trial will automatically lapse after six months. The SC has said that this directive regarding the copy of records is issued to give effect to the directives issued in the judgment of 28th March..The Supreme Court has also directed that a copy of this order be sent to all the High Courts..Read the order below:

Sufficient to furnish Photocopy of Trial Court records before Appellate/ Revisional courts, SC

Shruti Mahajan

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