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2023 Supreme(SC) 63

M. R. SHAH, C. T. RAVIKUMAR
Saurav Das – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Prashant Bhushan, AOR Mrs. Cheryl D’Souza, Adv. Ms. Ria Yadav, Adv.

JUDGMENT :

M.R. SHAH, J.

1. By way of this petition under Article 32 of the Constitution of India the petitioner has prayed for appropriate directions/orders directing the respondents-States to enable free public access to charge-sheets and final reports filed as per Section 173 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.P.C’) in furtherance of the rationale as established by this Court in Youth Bar Association of India vs. Union of India, (2016) 9 SCC 473 on their websites.

2. Shri Prashant Bhushan, learned counsel appearing on behalf of the petitioner has heavily relied upon the decision of this Court in the case of Youth Bar Association of India (supra) by which this Court directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the State Governments.

2.1 It is the case on behalf of the petitioner that while the direction of this Hon’ble Court directing the police to publish copies of FIRs on their websites has indeed induced transparency in the working of the criminal justice system, the logic of disclosure applies more strongly to charge-sheets, for while FIRs are based on unsubstantiate


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