Pained To Note That SLPs Are Not Accompanied By Certified Copy Of Impugned Order Despite Rules: Apex Court Issues Directions
The Supreme Court recently directed that the applications for exemption from filing a certified copy of the impugned judgment/order in a Special Leave Petition must be accompanied by a receipt that has been provided by the concerned Department of the High Court as an acknowledgement of receipt of an application from the applicant for a certified copy of the impugned judgment and/or order and the reason for seeking exemption.
The Bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra observed, “We are pained to note that despite there being specific provisions in the 2013 Rules requiring a special leave petition to be accompanied by the certified copy of the impugned judgment and order, such provisions are observed more in the breach. Such a situation should not to be allowed to persist; so long the rules exist, there has to be substantial compliance. Even if the certified copy is not available on the date of presentation of a special leave petition, proof of application for such copy has to be adduced for the court to consider the prayer for exemption.”
Advocate R Sankarasubbu appeared for the Petitioner while AGP M.R. Gokul Krishnan and APP R Muniyapparaj appeared for the Respondents.
The Petitioners assailed the order passed by the Calcutta High Court dismissing an application filed under Section 482 of the Code of Criminal Procedure, 1973. The High Court had opined that the respondent in the said application as the complainant had approached the jurisdictional Magistrate with a complaint under Section 200, Cr. P.C., ought to be permitted to adduce evidence before the charge was framed for arriving at a proper finding regarding the allegations.
The Petitioners herein applied for exemption from filing the certified copy of the impugned order. They pleaded, “That the petitioners have applied for the certified copy of the order dated 5.08.2021 (“impugned order”) passed by the Hon’ble High Court of Judicature at Calcutta in CRR No.507 of 2012. However, the petitioners are yet to receive the certified copy of the impugned order.”
The Court said that “Perusal of the said application does not reveal that an application for certified copy of the impugned order had been made any time prior to presentation of the special leave petition. In fact, the first time such an application was made is on 29th July, 2024. Obviously, it is a post-order incident…It is clear on the face of the records and it is also not disputed by Mr. Siddharth Bhatnagar, learned senior counsel appearing for the petitioners, in his usual fairness, that the petitioners made an absolutely incorrect, nay false, statement in paragraph 3 of I.A. No.158707 of 2024 that the High Court had not furnished the certified copy of the impugned order despite they having applied for the same.”
Considering the events, the Court refused to condone the grave lapse on the part of the Petitioners and to hear them on the merits of the Special Leave Petition.
The Court relied on Rule 3 of Order XXII of the Supreme Court Rules, 20137 which ordains that the petitions shall be accompanied by a certified copy of the judgment or order appealed from. A similar provision is found in Rule 4 of Order XXI of the 2013 Rules for special leave petitions pertaining to civil matters. The Court also referred to Rule 1 (19) of Order V of the 2013 Rules which ordains that the Registrar may exercise the powers of the Court in relation to application for exemption from filing of certified copies of judgments, decrees, orders, certificates or orders granting certificate subject to the proviso that an application for exemption from filing of certified copy of the judgment or order accompanying a special leave petition shall be posted before the Court along with the special leave petition.
The Court observed, “It has been our joint experience on the Bench of this Court (howsoever short it is) that in the vast majority of matters arising from the high courts and placed before us for decision, the special leave petitions are accompanied by applications seeking exemption from filing certified copies of the judgments and orders impugned in such petitions. Invariably, so to say, the Court accepts the statements made in such applications believing what have been stated therein as correct. This mild approach of the Court has generated a sense of belief among litigants that they can get away scot-free even by making statements which are far from the truth. It is high time that some sense of discipline is instilled so that the Court is not taken for a ride.”
The Court also took notice of the fact that in the present case, no copy of the receipt, which is issued by the concerned Department/Section of the high court to the applicant acknowledging that the certified copy of such judgment/order has indeed been applied for, was annexed with the application for exemption.
The Court added, “The revelation post-order dated 29th July, 2024 is striking, to say the least. We are minded to say that litigants, finding that the Court is lenient in relation to matters, inter alia, concerning filing of certified copy of the impugned judgment and order, seldom apply for and obtain such copy; more often than 7 2013 Rules, hereafter not, it is the downloaded copy of the impugned judgment and order which is annexed to the special leave petition. It is common knowledge that a high percentage of special leave petitions come to be dismissed/disposed of on the first day of listing, without the petitioner actually filing such certified copy. Even, no undertaking is obtained from any litigant to file the certified copy of the impugned judgment and order as and when the same is furnished to him by the concerned Section/Department of the high court.”
Therefore, the Court issued direction that if any special leave petition is accompanied by an application for exemption from filing a certified copy of the judgment and/or order under challenge, such application must have the receipt that has been generated/provided by the concerned Section/Department of the high court as an acknowledgement of receipt of an application from the applicant for a certified copy of the impugned judgment and/or order and the reason for seeking exemption.
Further, the Court directed that it must have an averment that the application for a certified copy has not lapsed owing to non-filing of requisites or otherwise and also, the application must contain an undertaking of the applicant to place the certified copy of the impugned judgment and/or order on record as soon as possible after the same is furnished to him by the concerned Section/Department of the high court.
Accordingly, the Petition was dismissed.
Cause Title: Harsh Bhuwalka & Ors. v. Sanjay Kumar Bajoria
Appearances:
Petitioners: Senior Advocate Siddharth Bhatnagar, AOR M/s Legal Options, Advocates Sonia Dube, Shatadru Chakraborty, Kanchan Yadav, Tanishq Sharma, Saumya Sharma, Pracheta Kar, Aditya Sidhra and Nadeez Afroz.