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2005 Supreme(Raj) 1249

Rajasthan High Court, Jaipur Bench
Honble SHIV KUMAR SHARMA, J. Honble K.S. RATHORE, J.
State of Rajasthan - Appellant
Versus
Cr. Law Reporters & Ors. - Respondents
D.B. Civil Writ Petition No. 3411 of 2001
Decided On : May 12, 2005

Advocates Appeared:
Mohd. Rafiq, Additional Advocate General for State Suresh Pareek, Reashm Bhargava, J.K. Singhi, V.S. Gurjar, R.S. Rathore, A. Kasliwal, J.K. Ranka, Paras Kuhad & Sandeep Taneja, for Respondents

Headnote:Rajasthan High Court Rules, 1952, Rule 119 – Publication of judgements in law journals – Procedure for their publication – Lacuna in publication of judgements – Whether the judgements of particular Single Bench has been over ruled in Division Bench or not? – Held – In order to approve only prestigious law journals and to avoid the multiplicity of law journals, Honble the Chief Justice was requested to appoint a committee for proper and effective mechanism for checking lacunae in publication of the judgements as per activities mentioned therein.

       

Honble SHARMA, J.–For the purpose of laying down a uniform policy for publishing the judgments, notices were issued to the State of Rajasthan and various Law Journals.

(2). Rule 119 of the Rajasthan High Court Rules 1952 (for short `1952 Rules) which prescribes the procedure for publication of the judgments in law journals, reads as under:-

i) an approved list of journals has to be maintained under the orders of Chief Justice;

ii) Only such approved law journals are entitled to receive the copies of the judgment approved for reporting;

iii) No law journal shall be entered in the list unless it has given an undertaking that it will apply for a copy of every judgment delivered by the Court which is marked ``approved for reporting;

iv) As soon as a judgment is approved for reporting by the Court a Bench Reader has to enter in a separate register and the Bench Reader is required to send such judgment immediately to the Superintendent of the Judicial Department;

v) An approved judgment is sent by the Superintendent of the Judicial Department to the Superintendent of the Coping Department for preparation of as many copies as per the list of journals.

vi) Two registers are to be maintained by the Superintendent of the Copying department called as `Register of the Copies of the Judgments marked AFR and `Register of applications of copies of judgments marked AFR;

vii) Additional information such as names of advocates and the Judge relating to the said order be sent to the Superintendent of the Copying department by the Superintendent of the Judicial department along with judgments;

viii) If the representative of any law journal on the approved list does not apply for any copy of any judgment marked AFR within four weeks from the date of delivery of the said judgment, the name of such journal has to be removed from the approved list.

(3). Having considered the oral and written submissions we deem it appropriate to request Honble the Chief Justice to appoint a Committee for proper and effective mechanism for checking lacunae in publication of the judgments. The Committee shall undertake the following activities:-

i) Prior to approval of publishers, an analysis should be made by the Committee of Publisher of the law journals for publication;

ii) Analysis of publishers should consist of consideration of nature of the journal, status of the publishers, accountability of publisher and the editorial Board.

iii) Only prestigious law journals shall be approved so that journals are published in those journals which are evenly read by all the lawyers in Rajasthan or outside the State of Rajasthan.

iv) Editors shall be appointed by the publishers after the consultation with the Committee so that the reader of the judgments may get best of the head notes and precise of the judgment.

v) The law journals should be made accountable and answerable for not reporting the judgments even after obtaining the copy of the judgments.

vi) The Committee shall ask regularly from the journals about the orders which have not been published.

vii) The journals who have committed regular defaults shall be delisted from the approved list of journal and they shall be debarred from applying again for approval for the next five years.

viii) Multiplicity of journals in a particular subject has to be avoided so that judgments may be published in only some of the specific law journals and reader may not get confused.

ix) Identification and approval of one or two law journals with regard to one specific subject would be simplify the distribution of judgments in accordance with the subject.

x) The Committee shall ask the publisher to send a draft of their forthcoming edition/part consisting of judgment to the Committee for its approval. No publisher shall be allowed to publish and circulate their editions without the prior approval of the Committee.

xi) The Committee will be able to assess as to whether the judgments has been stayed,over ruled of affirmed by the division Bench so that an appropria










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