IN THE HIGH COURT OF KERALA
Sunil Thomas, J.
Rajmohan Pillai - Appellant
Versus
C.B.I. - Respondent
Cri. M.A. No. 5909 of 2015
Decided on : 18-07-2016
Kerala Rules of the High Court, 1971 - Rules 128(1) - Entitlement to obtain copy of documents filed in the custody of Court - Held, Rule 128(3) of the Act clarifies that the copies of Judges' minutes or of correspondence and other papers, not strictly judicial, will be granted only under orders of the Court.
Sunil Thomas, J.
1. The second accused, who stands convicted for offences punishable under Sections 420, 468, 471 r/w 120(B) of the Indian Penal Code and few provisions of the Prevention of Corruption Act, is the appellant. The interlocutory application is filed by the appellant. According to the appellant, Exts.P1 to P232, depositions of PWs.1 to PW99 and Exts.D1 to D28 which form part of the records of the Trial Court are not fully readable. For the proper conduct of the case, photocopies of the readable versions of the documents and depositions of witnesses are highly essential. Hence, it was prayed that the certified copies of Ext.P1 to P232, Exts.D1 to D28 marked by the defence and that of readable copies of the depositions of PWs.1 to PW99 and DW1 to DW3 may be issued to the petitioner.
2. According to the learned counsel for the petitioner, he is entitled for readable copies of the depositions and documents for effectively defending the accused. According to him, he would be prejudiced and remain handicapped, unless he is supplied with the certified copies of the readable copies of the depositions also. It was contended that without furnishing it, effective defending of the case will not be possible. The crucial question is whether the certified copies of the readable copies of the depositions can be given.
3. Chapter X of the Rules of the High Court of Kerala 1971 deals with certified copies. Rule 128(1) provides that any person entitled to obtain a copy of any proceeding or document filed in or in the custody of the Court may present an application. The application is to be made in Form No. 9, with certain particulars to be furnished. Rule 130 relates to copies of documents filed in Subordinate Courts. Rule 138 deals with copying charges and Rule 141 deals with transcription of copies. Evidently, the Rules are self contained, to regulate proceeding regarding the issuance of certified copies.
4. Reference to Rule 128(1) of the Rules clearly shows that a person is entitled to obtain "a copy of any proceeding or document filed in or in the custody of the Court". Hence, only a copy of the proceeding or a document filed in or in the custody of the Court alone can be issued. It is clear that for issuing a certified copy, it must relate to the proceeding or a document filed in or in the custody of the Court. However, Rule 128(3) clarifies that the copies of Judges' minutes or of correspondence and other papers, not strictly judicial, will be granted only under orders of the Court.
5. One of the contention of the learned counsel for the petitioner was that the readable copies of depositions form part of the judicial records, as they relate to judicial proceeding. Rule 261 of the Criminal Rules of Practise, Kerala 1982, applicable to all criminal courts in Kerala provides that the copies of depositions and other documents are to be submitted by the trial court to the appellate or revisional court. Readable copies of the trial court are prepared under Rule 262. It provides that when the Court is submitting the original records under Section 366 of the Code of Criminal Procedure or for appeal, revision or reference, is shall submit readable copies of the depositions and statement of the accused and other documents, when the originals are not easily decipherable. These provisions come under the Chapter, "production, return and submission of records". Evidently, these documents are prepared by the section for the purpose of enabling the Appellate Court to have the advantage of reading, when the depositions are not easily decipherable. It is prepared after the proceedings in the trial court are over and when file is prepared for transmission to the Appellate Court. Evidently, these readable copies are not copies of a proceeding or a document filed in or in the custody of the Court and hence will not fall within the scope of Rule 128 of the High Court Rules. It is neither a part of the proceeding of the court below nor a document
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