Background and Context
The Supreme Court of India has issued a directive requiring litigants to provide proof of application for a certified copy of a judgment when seeking an exemption from filing the certified copy along with a Special Leave Petition (SLP). This directive, effective from August 20, 2024, aims to ensure compliance with existing procedural rules and to prevent misuse of the exemption process.
Details of the Directive
The directive mandates that any SLP accompanied by an application for exemption from filing a certified copy of the judgment must include a receipt from the High Court acknowledging the application for the certified copy. Additionally, the application must confirm that it has not lapsed for any reason and include an undertaking to submit the certified copy as soon as it is available. The directive emphasizes that this requirement applies to SLPs arising from both civil and criminal proceedings.
Supreme Court’s Reasoning
The bench of Justices Dipankar Datta and Prashant Kumar Mishra emphasized the importance of adherence to the Supreme Court Rules, 2013, which require the filing of a certified copy of the judgment or order being appealed. The court noted that the registry had not consistently enforced the requirement for proof of application for a certified copy, leading to breaches of procedural rules. The judges expressed dismay that the provisions were often ignored and stressed the need for substantial compliance.
Case Leading to the Directive
The directive was issued in response to a case where the petitioners falsely claimed that they had applied for a certified copy of an impugned order, but the High Court had not provided it. Upon investigation, the Supreme Court found that the application for the certified copy was made only after the SLP was filed. Although the Court refrained from initiating criminal proceedings against the petitioners due to a plea from their senior counsel, it dismissed the SLP, citing the petitioners' attempt to mislead the Court.
Broader Implications
The Supreme Court underscored that the leniency previously shown in accepting exemption applications had led to a belief among litigants that they could bypass procedural requirements without repercussions. The Court highlighted the need for stricter enforcement to instill discipline and prevent the misuse of exemption provisions. The directive aims to ensure that litigants comply with procedural rules and that the Court is not misled by false claims.
Implementation and Compliance
The directive requires the Supreme Court's Secretary-General to issue a circular to notify the new requirement. This measure is expected to streamline the process, ensure compliance with procedural rules, and maintain the integrity of the judicial process. By mandating proof of application for a certified copy, the Court aims to reduce delays and ensure that all necessary documents are submitted promptly, thereby facilitating a more efficient judicial process.
Conclusion
The Supreme Court's directive represents a significant step towards enforcing procedural compliance and preventing the misuse of exemption provisions in the filing of SLPs. By requiring proof of application for a certified copy of the judgment, the Court aims to ensure that litigants adhere to established rules and that the judicial process is not compromised by false claims or procedural breaches. This move is expected to enhance the efficiency and integrity of the judicial process, ensuring that justice is administered fairly and transparently.
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