SC:Evidence & deposition to be given to parties immediately after being recorded in same day!

The pernicious practice of the trial judge leaving the recording of deposition to the clerk concerned and recording of evidence going on in more than one case in the same Court, at the same time, under the presence and general supervision of the presiding officer has to be disapproved strongly and discontinued forthwith.

The deposition of witnesses, must be recorded in typed format, using computers, in Court, to the dictation of the presiding officers(in English wherever possible) so that readable true copies will be available straightaway and can be issued to both sides on the date of examination itself. In the circumstances, we direct that the notices be issued to the Rrgistrars General of all HCs, and The Chief Secretaries/Administrators and the Advocate General/Senior Standing Counsels of all the states/Union Territories, so that general consensus can be arrived at on the need to amend the relevant rules of practice/criminal manuals to bring about uniform best practices across the courntry. This court may also consider issuance of directions under Art. 142 of the Constitution. They can be given the option to give suggestions also on other areas of concern.

Case/Citation:

Suo Moto Writ (Crl.) No. 1 of 2017.

Date of decision:
30/03/2017.
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Shared by:
ADV. MAHESH VASWANI,
MUMBAI.
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