2 Sep 2023 7:47 AM GMT
The Supreme Court on Friday directed the Chief Justice of the High Court of Patna to took look into certain irregularities in uploading an order of the High Court. The Top Court said that the issue raised 'serious concerns' and directed the High Court Chief Justice to take necessary steps in this regard.
A division bench of Justice S. Ravindra Bhat and Justice Aravind Kumar was considering an application for bail when it noticed an irregularity in the proceedings of the High Court. The order of the High Court dated 20.04.2023, that was challenged before the Apex Court had not been made available to the aggrieved party. A copy of the order of the High Court had not been uploaded on its site, even though the case status showed the matter to be ‘disposed of’ on 20.04.2023.
The Apex Court on 25.08.2023, sought an explanation from the Registrar of the Patna High Court regarding the status of the case and the impugned order. The Registrar in a letter dated 30.08.2023, informed the Supreme Court that the case was assigned to Justice Sandeep Kumar on 18.04.2023 and was disposed off on 20.04.2023. However, the order was only pronounced on 28.08.2023, the Registrar stated in his letter.
The Apex Court also perused the order dated 20.04.2023 which stated that the order could not be typed on time as the file was not available:
“Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today. Due to non-availability of file, the order could not be typed in time.” the High Court order stated.
The Apex Court observed that the above facts raised ‘serious concerns’ and directed the Chief Justice of the High Court to look into the matter:
“The above facts disclose the matter of serious concerns which requires to be looked into. We, therefore, request Hon’ble the Chief Justice of the Patna High Court to call for the relevant files, look into the issue and take whatever steps necessary in this regard.” The Apex Court said while disposing the matter.
Meanwhile, the petitioner in the bail application was given time to surrender and seek regular bail.
Related news - Supreme Court Criticises Bombay High Court For Not Uploading Reasoned Order Despite One Month's Passage After Pronouncement
Supreme Court Deprecates High Court's Delay Of 4 Months In Uploading Final Judgment After Dictation Of Operative Portion
Case Title: MANISH KUMAR V. STATE OF BIHAR, SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 22872/2023
Citation : 2023 LiveLaw (SC) 738