The Calcutta High Court has taken a decisive step to address persistent delays in the disposal of criminal appeals. A division bench comprising Justices Joymalya Bagchi and Subhendu Samanta issued a set of guidelines mandating trial courts to promptly transmit case records to the High Court. This move comes after repeated observations of prolonged delays in sending records, which stalled the preparation of paper books and prolonged appeal resolutions.
The Problem: Delayed Records, Delayed Justice
In the case In Re: Putul Ghosh (C.R.A. (DB) 68 of 2022), the bench highlighted systemic inefficiencies. Existing rules lacked clear timelines for trial courts to dispatch records or rectify errors. This ambiguity led to inconsistent practices, with some courts taking months to send files. Consequently, the High Court faced delays in verifying records, preparing paper books, and ultimately hearing appeals.
The Court observed:
“Preparation of paper books is delayed due to delayed transmission of records. This contributes to the backlog of appeals.”
To streamline the process, the High Court issued the following directives:
1. 30-Day Deadline for Physical Records: Trial courts must dispatch physical records within 30 days of receiving communication from the High Court. If delayed, they must submit an explanation to the Registrar General, who will present it to the concerned bench.
2. Digital Copies for Faster Access: Courts are encouraged to send scanned copies of records immediately after receiving High Court requests, alongside physical files.
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3. Defect Rectification Protocol: The High Court’s department must inspect records within 15 days of receipt. If defects are found, the bench will order corrections or allow minor errors to be overlooked to avoid further delays.
4.Strict Timelines for Paper Books: Paper books must be prepared within four weeks of record verification. For appeals under Section 415(4) of the Bharatiya Nyaya Suraksha Sanhita, 2023, stricter timelines apply:
- Records sent in 15 days,
- Verification in 7 days,
- Paper books ready in 7 days,
Ensuring appeals are resolved within six months of filing.
5. Accountability for Delays: Trial courts failing to meet deadlines must explain delays to the Registrar General. The bench will then issue further directions.
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The Registrar General of the Calcutta High Court will circulate the order to all trial courts in West Bengal and the Andaman & Nicobar Islands. Regular monitoring and strict adherence to timelines are expected to curb delays significantly.
Case: In Re : Putul Ghosh
