The has issued a directive ending the long-standing practice of routinely the in criminal cases where the investigation and prosecution are handled by central agencies. Justice Farjand Ali, presiding over a , clarified that the state government is not a necessary party in matters where bodies like the , the , or the are responsible for the prosecution. This decision aims to eliminate and ensure that rests directly with the relevant central authority.
The court has instructed the Registrar (Judicial) to implement a strict scrutiny process at the filing stage for all criminal matters. Under this new mandate, no petition related to investigations conducted by central agencies will be registered unless the concerned agency is formally named as a . Consequently, the practice of supplying case copies to the representing the state—who is often not involved in the prosecution of such matters—is to be discontinued immediately.
The
stems from observations made while handling a series of criminal revision petitions, including a matter involving the CBI and a separate case regarding the
. During these proceedings, it became evident that the state was being included as a
as a matter of standard form, a practice the court identified as an "
" that leads to
"
of the State and avoidable procedural complications."
The court emphasized that the state’s involvement in such matters is not only redundant but also imposes an unnecessary burden on the machinery of the . Justice Farjand Ali underscored the need for precision in litigation, noting that when an entity is not the , its presence on the record creates confusion and contributes to the existing backlog of cases within the judicial system.
"The
shall not be impleaded as a party merely as a matter of routine, nor shall copies of the petitions be routinely supplied to the learned
representing the State in such matters, unless the State is otherwise a necessary or proper party,"
the court stated in its order. By shifting the burden of representation to the specific central agency involved, the High Court intends to streamline communication and ensure that the appropriate legal representatives receive the necessary documentation for a fair and timely trial.
This administrative shift carries significant implications for legal practitioners appearing before the . Henceforth, advocates are required to exercise greater diligence when filing petitions. The filing department of the High Court has been mandated to reject or withhold the registration of any petition that fails to correctly identify the prosecuting central agency as the primary . This scrutiny is designed to ensure that the court’s records accurately reflect the parties involved in the underlying .
The court further clarified that while the state may occasionally be a necessary party in specific, complex scenarios, such cases are the exception rather than the rule. In the absence of a clear reason for the state's inclusion, the focus must remain squarely on the investigative agency that has filed the charges or conducted the probe. This change is intended to foster a more efficient procedural environment where the correct legal stakeholders are held accountable from the inception of the judicial process.
In the specific case that prompted this ruling, the court directed , the counsel representing the CBI, to formally appear and represent the , effectively shifting the administrative responsibility away from the state’s legal team. By formalizing this move, the court has signaled a broader intent to modernize and clarify the responsibilities of various agencies within the criminal justice system.
"All matters arising out of prosecutions conducted by the CBI, CBN, NCB or any other Central Investigating Agency shall be scrutinised at the filing stage, and such matters shall not be registered unless the concerned Central Agency is duly impleaded as a party,"
the order stipulated. This directive serves as a final warning against the continuation of outdated filing habits that have persisted in the court’s registry.
The legal community is expected to adapt quickly to these guidelines, as the Registrar (Judicial) has been tasked with ensuring strict compliance across all benches. For the , the ruling means that their legal counsel must now ensure the correct identification of the prosecuting authority at the drafting stage, preventing potential rejections of petitions.
As the court looks to finalize the pending matters in the current list, the focus remains on ensuring that these cases proceed without the procedural drag created by the of the state government. The matter is scheduled for further hearing in two weeks, at which point the court will assess the implementation of its directives and ensure that all ongoing petitions have been updated to reflect the involvement of the appropriate central agencies. This reform marks a significant step toward optimizing the efficiency of criminal litigation in the , ensuring that judicial resources are utilized effectively in the pursuit of justice.
Judicial Administration - Criminal Prosecution Procedure