Whenever records of Trial Court summoned by Higher Court, the Trial Court can furnish photocopy or scanned copies of its records and retain the original one - Supreme Court
17
May
2018
The Supreme Court, after a remarkable judgment in Asian Resurfacing of Road Agency Pvt. Ltd. VS. Central Bureau of Investigation[1] dated 28th March, 2018 not to extend trial proceedings more than six months, nearly month after that very judgment the bench consisting of Justice AK Goel and RF Nariman taken astonishing step supporting previous judgment and ensuring the speedy completion of trials. The Court in its Judgment dated 25th April, 2018 said that
“Wherever original record has been summoned by an appellate/revisional court, photocopy/scanned copy of the same may be kept for its refrence and original returned to the trial Courts forthwith"
It was further directed 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. In cases where specifically original record 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."
The Supreme Court ordered these to give effect its judgment of 28th March stating that the stay on any civil or criminal proceedings will be automatically lapsed after the period of six month.
[1] Criminal Appeal 1375-1376/2013 - dated 25/04/2018