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2022 Supreme(SC) 1950

L. NAGESWARA RAO, B. R. GAVAI, S. RAVINDRA BHAT
In Re: To Issue Certain Guidelines Regarding Inadequacies And Deficiencies In Criminal Trials – Appellant
Versus
. – Respondent


Advocates:
Advocate Appeared:
By Courts Motion, AOR, Mr. Siddharth Luthra, Sr. Adv (A.C), Mr. R Basant, Sr. Adv (A.C), Mr. K. Parameshwar, AOR (A.C), Mr. A Karthik, Adv, Mr. Mehaak Jaggi, Adv, Mr. Vishnu, Adv, Ms. A Sregurupriya, Adv, Mr. Prasad Hegde, Adv, Ms. Shubhangi Jain, Adv., Mr. Yash Giri, Adv., Mr. Bharat Monga, Adv., Mr. Pankaj Singhal, Adv., Mr. T. G. Narayanan Nair, AOR, Mr. Guntur Prabhakar, AOR, Mr. Abhimanyu Tewari, AOR, Ms. Eliza Bar, Adv., Mr. Santosh Kumar - I, AOR, Ms. Abha R. Sharma, AOR, Mr. Subodh S. Patil, AOR, Ms. Supriya Patil, Adv., Mr. P. S. Sudheer, AOR, Ms. Hemantika Wahi, AOR, Ms. Taruna Ardhendumauli Prasad, AOR, Mr. M. Shoeb Alam, AOR, Mr. V. N. Raghupathy, AOR, Mr. G. Prakash, AOR, Mr. Gopal Jha, AOR, Mr. Nishant Ramakantrao Katneshwarkar, AOR, Mr. Sachin Patil, AOR, Mr. Rahul Chitnis, Adv., Mr. Aaditya A. Pande, Adv., Mr. Geo Joseph, Adv., Ms. Shwetal Shepal, Adv., Mr. Pukhrambam Ramesh Kumar, AOR, Mr. Karun Sharma, Adv., Ms. Anupama Ngangom, Adv., Mr. Krishna Shree Devee, Adv., Mr. Saurabh Choudhary, Adv., Mr. Avijit Mani Tripathi, AOR, Mr. T.K. Nayak, Adv., Mr. Shaurya Sahay, Adv., Mr. Siddhesh Kotwal, Adv., Ms. Ana Upadhyay, Adv., Ms. Manya Hasija, Adv., Mr. Akash Singh, Adv., Mr. Preeti Singh, Adv., Mr. Nirnimesh Dube, AOR, Mr. Amit Kumar Singh, Adv., Ms. K. Enatoli Sema, AOR, Ms. Chubalemla Chang, Adv., Mr. Anmol Rattan Sidhu, A.G. Punjab, Mr. R.K. Rathore, Adv., Ms. Jaspreet Gogia, AOR, Mr. Manish Singhvi, Sr Adv, Mr. Arpit Parkash, Adv, Mr. Sandeep Kumar Jha, AOR, Mr. Atul Jha, Adv., Ms. Shruti Jose, Adv., Mr. Sandeep Kumar Jha, AOR, Mr. Raghvendra Kumar, Adv., Mr. Anand Kumar Dubey, Adv., Mr. Sunil Saraogi, Adv., Mr. Narendra Kumar, AOR, Mr. V. Krishnamurthy, Sr. Adv./AAG, Dr. Joseph Aristotle S., AoR., Ms. Nupur Sharma, Adv., Mr. Shobhit Dwivedi, Adv., Mr. Sanjeev Kumar Mahara, Adv., Ms. Jessica Bhardwaj, Adv., Mr. M. Yogesh Kanna, AOR, Mr. Jatindeer Kumar Sethi, Dy.A.G., Mr. Ashutosh Kumar Sharma, Adv., Mr. Jatinder Kumar Bhatia, AOR, Ms. Garima Prasad, Sr. Adv./AAG, Mr. Pradeep Misra, AOR, Mr. Suraj Singh, Adv., Mr. Chanchal Kumar Ganguli, AOR, Mr. Suhaan Mukerji, Adv., Mr. Aditya Prakash, Adv., Mr. Nikhil Parikshith, Adv., Mr. Vishal Prasad, Adv., Mr. Abhishek Manchanda, Adv., Mr. Sayandeep Pahari, Adv., Mr. Tanmay Sinha, Adv., PLR Chamberes & Co., AOR, Ms. G. Indira, AOR, Mr. Shubham Bhalla, AOR, Mr. Vikramjeet Banerjee LD. ASG., Mr. K.M Natraj, Ld. ASG., Mr. R. Balasubramaniam, Sr. Adv., Mr. Pranay Ranjan Adv., Mr. Anmol Chandan Adv., Mr. Sachin Sharma Adv., Ms. Neela khedar Gokhale Adv., Mr. Tathagat, Adv., Mr. Siddhartha Sinha, Adv., Ms. Janhvi Prakash, Adv., Mr. Raman Yadav, Adv., Mr. S. K. Singhania, Adv., Mrinal Elkar Mazumdar, Adv., Mr. B. V. Balaram Das, AOR, Mr. Gurmeet Singh Makker, AOR, Mr. Amrish Kumar Sharma, AOR, Mrs. Anil Katiyar, AOR, Ms. Preetika Dwivedi, AOR, Mr. Sandeep Sudhakar Deshmukh, AOR, Mr. Kunal Chatterji, AOR, Ms. Maitrayee Banerjee, Adv., Mr. Rohit Bansal, Adv., Mr. Gautam Narayan, AOR, Ms. Asmita Singh, Adv., Ms. Pragya Barsaiyan, Adv., Mr. S.V. Raju, Ld. ASG, Mr. Malak Manish Bhatt, AOR, Ms. Sneha Kalita, AOR, Ms.Nanda Devi Adv., Ms.Jessy Kurian, Adv., Mr. Gaurav Pachnanda, Sr Adv, Ms. Avni Sharma, Adv, Ms. Manisha Ambwani, AOR, Mr. Ambhoj Kumar Sinha, AOR, Mr. P.N. Ravindran, Sr.Adv., Mr. T. G. Narayanan Nair, AOR, Ms. Anupama Kumar, Adv., Mr. Anandh Kannan N., AOR, Mr. Mishra Saurabh, AOR, Mr. Sanjai Kumar Pathak, AOR, Mrs. Shashi Pathak, Adv., Mr. Pramod Kumar Yadav, Adv., Mr. Sharan Thakur, Adv., Mahesh Thakur, AOR, Mr. Siddharth Thakur, Adv., Ms. Vipasha Singh, Adv., Mr. Ajay Kanojiya, Adv., Mr. Bishwendra Singh, Adv., Mr. Sibo Sankar Mishra, AOR, M/S. Parekh & Co., AOR, Mr. Ashok Mathur, AOR, Mr. Abhinav Mukerji, AOR, Mr. Akshay C. Shrivastava, Adv., Ms. Bihu Sharma, Adv., Ms. Pratishtha Vij, Adv., Mr. Avneesh Arputham, Adv., Ms. Anuradha Arputham, Adv., M/S. Arputham Aruna And Co, AOR, Mr. Mukesh K. Giri, AOR, Mr. Naresh K. Sharma, AOR, Mr. Shuvodeep Roy, AOR, Ms. Mukti Chaudhry, AOR, Ms. Uttara Babbar, AOR, Mr. Manan Bansal, Adv, Mr. S.K. Rajora, Adv., Ms. Radhika Chaturvedi, Adv., Mr. Birjkant Mishra, Adv., Ms. Madhumita Mishra, Adv., Vipin Gupta, AOR, Mr. Hitesh Kumar Sharma, Adv., Mr. Akhileshwar Jha, Adv., Ms. Sangeeta Singh Saini, Adv., Mr. Amit Kumar, AOR, Mr. Mahfooz A. Nazki, AOR, Mr. Polanki Gowtham, Adv., Mr. Shaik Mohamad Haneef, Adv., Mr. T. Vijaya Bhaskar Reddy, Adv., Mr. K.V. Girish Chowdary, Adv., Ms. Rajeshwari Mukherjee, Adv., Ms. Archana Pathak Dave, Adv., Ms. Deepanwita Priyanka, AOR, Mr. Nishe Rajen Shonker, AOR, Ms. Anu K Joy, Adv, Mr. Alim Anvar, Adv, Mr. Shekhar Raj Sharma, DAG Haryana, Mr. Paras Dutta, Adv., Mr. Sanjay Kumar Visen, AOR,

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The Supreme Court directed High Courts and state governments to incorporate the Draft Rules, 2021, into their existing rules governing criminal trials within six months from the order date, including necessary modifications and notifications. The cooperation of the concerned departments and formal notifications through the Official Gazette were also mandated (!) .

  2. A compliance status report indicated that some High Courts had not yet incorporated the Draft Rules as part of their criminal trial rules. Those High Courts that failed to comply within the initial six-month period were granted an additional four weeks to do so, along with a requirement to file a status report (!) .

  3. Most State Governments and Union Territories had not carried out the required consequential amendments to police and other manuals. Some delays were due to the non-receipt of formulated rules from High Courts. All State Governments and Union Territories were directed to comply within eight weeks, with compliance reports to be served on a designated officer before the next hearing (!) .

  4. Clarification was sought regarding para 17(i) of the Draft Rules of Criminal Practice concerning bail procedures. The Court accepted that the provision should be read as mandating the furnishing of the bail order to the prison concerned, and that the prison authorities should also furnish the bail order to the accused (!) (!) .

  5. The next hearing was scheduled for 21st July 2022 at 2:00 p.m. (!) .

Please let me know if you need further elaboration or specific legal advice related to this document.


Table of Content
1. guidelines issued for criminal trial rules (Para 1)
2. compliance status and directives for high courts and states (Para 2 , 3)
3. clarification on bail order issuance (Para 4 , 5)
4. next hearing scheduled (Para 6)

ORDER :

    “(a) All High Courts shall take expeditious steps to incorporate the said Draft Rules, 2021 as part of the rules governing criminal trials, and ensure that the existing rules, notifications, orders and practice directions are suitably modified, and promulgated (wherever necessary through the Official Gazette) within 6 months from today. If the state government’s co-operation is necessary in this regard, the approval of the concerned department or departments, and the formal notification of the said Draft Rules, shall be made within the said period of six months.

    (b) The state governments, as well as the Union of India (in relation to investigating agencies in its control) shall carry out consequential amendments to their police and other manuals, within six months from today. This direction applies, specifically in respect of Draft Rules 1-3. The appropriate forms and guidelines shall be brought into force, and all agencies instructed accordingly, w

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