Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Supreme Court Rules |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Issue for consideration: Matter pertains to the steps/guidelines to be taken in cases where despite the convicts surrendering within the time granted by the Supreme Court but no communication forthcoming on or before the matter was listed in Chambers and due to lapse in the communication, peremptory dismissal of the Special Leave Petition. Supreme Court Rules, 2013 – Ord. XXII r. 5 – Special Leave Petitions in Criminal Proceedings – Surrendering by the accused – Lapse in the communication – Effect:Held: Convict has to surrender to the sentence before filing the Special Leave Petition unless an application for exemption from surrendering is filed – Judge In-chambers has the power to exempt from surrendering or to refuse exemption – When a Judge InChamber grants time to surrender, at the next hearing, the Judge has to be informed as to whether the convict has surrendered or not – If exemption from surrendering is refused and the accused does not surrender, the matter should be placed before Chamber judge for non-prosecution – On facts, both the petitioners surrendered within the time granted by Supreme Court but however there was no communication forthcoming on or before the matter was listed in Chambers and due to lapse in the communication, Special Leave Petition were peremptory dismissed – Jail authorities were under obligation to communicate to the Court information about their surrender irrespective of whether the convict has engaged a counsel or not – This is a means of providing access to justice, a facet of Art. 21 – Petitioners, even though in custody, were not apprised by the jail authorities of the peremptory dismissal of the SLPs – Had they been communicated, they would have taken remedial steps without loss of time – Petition of petitioner No.1 was restored, however petition of petitioner No.2 abated – Urgent steps to be taken so that these eventualities do not occur again – In view thereof, guidelines necessary as to the further course of action, in cases where after refusal of exemption from surrendering, the information is not forthcoming to the Court – Judge In-Chambers can appoint an amicus curiae in cases where counsel is absent – Registry in such cases could call for a report from the trial judge who may, with appropriate directions to the concerned police and the Jail Authorities report the actual state of affairs – Guidelines. [Para 15-19, 21, 23, 24, 26, 29] Information and technology – Digitisation – Availability of upto date information for the court as regards surrender and custody particulars of the convicts – Need for:Held: Mechanism to be evolved whereby, the Jail authorities would upload on a customised web portal, the surrender and custody particulars of the convicts with the corresponding numbers of the Criminal Appeals/Special Leave Petitions, such that all up to date information would be available on a click of a button. [Para 30] |
Judge | N/A |
Neutral Citation | 2023 INSC 1085 |
Petitioner | Sanjit Saha & Anr. |
Respondent | The State Of West Bengal |
SCR | [2023] 15 S.C.R. 83 |
Judgement Date | 2023-10-09 |
Case Number | 46699 |
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