Registry not submitting records after court direction

796 votes

In the present circumstances, I would not advise filing a separate criminal case against the Registry merely for the failure to place the charge-sheet or relevant records on record. The proper course would be to bring the continued non-compliance to the notice of the concerned Bench by filing an appropriate application in the pending proceedings. The application may seek a direction requiring the concerned Registry official/section to explain the reasons for non-compliance with the earlier judicial directions and to immediately place the relevant records before the Court. If the Court finds that the non-compliance is deliberate or wilful, it may consider initiating appropriate proceedings, including contempt proceedings, against the responsible person, subject to the applicable law and High Court rules. The Registry’s failure can also be relied upon as an additional circumstance demonstrating the extraordinary delay and the prejudice caused to the accused. However, administrative lapse and wilful disobedience must be clearly distinguished. Therefore, my considered advice would be to first move the concerned Bench, place the complete chronology and previous orders on record, and seek specific directions and accountability. If the Court subsequently finds deliberate disobedience, appropriate proceedings against the responsible officer may be pursued in accordance with law.

Advocate Jyotismita Baruah LawRato