Rule 19(4) Kerala Criminal Rules of Practice Granting Access To Accused To Even Materials Not Relied Upon By Prosecution Applies To Cases Filed Before Its Introduction: Kerala HC

The Kerala High Court has observed that Rule 19(4) of the Kerala Criminal Rules of Practice, which gives the accused the right to access all the material collected during a criminal investigation even if not relied on by the prosecution, can be applied to cases filed after its introduction as well.

The Bench of Justice C Jayachandran observed that, "this Court is of the opinion that the applicability of Rule 19(4) shall not be adjudged in the touchstone of prospectivity or retrospectivity of the said rule. Instead, the endeavour should be to fructify and crystallize the rights conferred under Rule 19(4). The benefit of the rule has to be translated to action in all cases, where it is possible to do so... though Rule 19(4) appears to be procedural in nature, it constitutes a new right in the hands of the accused to have access to those documents, which are not relied upon by the prosecution."

The case involved Varghese Kuruvila, who was charged in 2014 in a corruption case. He filed an application in 2024, seeking access to documents not relied upon by the prosecution, under Rule 19(4) of the Kerala Criminal Rules of Practice. This rule, introduced by an amendment in 2022, allowed such access. However, the special court dismissed his application, ruling that Rule 19(4) could not be applied to his case since the chargesheet had been filed before the rule came into effect. Kuruvila then challenged this decision before the High Court.

The High Court disagreed with the special court's view and held that Rule 19(4) should not be limited to cases filed after its introduction in 2022.

Citing the Supreme Court’s rulings, the High Court underscored that withholding such documents could violate the accused’s right to a fair trial under Article 21 of the Constitution. Limiting the benefit of Rule 19(4) to post-2022 cases was deemed unconstitutional, and the trial court’s order was set aside. The Court directed that the petitioner be provided with a list of the materials sought, as denying access could harm the accused’s right to a fair trial.

Cause Title: Varghese Kuruvila vs State of Kerala & Anr. (Neutral Citation: 2024:KER:66881)

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