Gauhati High Court
Page No.# 1/5 vs The Commissioner And Secretary And Ors on 13 June, 2025
Page No.# 1/5
GAHC010127032025
2025:GAU-AS:7789-
DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1886/2025
THE GAUHATI HIGH COURT
REPRESENTED BY THE REGISTRAR GENERAL, GAUHATI HIGH COURT
2: RAKTIM DUARAH
S/O LATE MOHENDRA NATH DUARAH
PRESENTLY SERVING AS REGISTRAR GENERAL
GAUHATI HIGH COURT
GUWAHATI
ASSAM 78100
VERSUS
THE COMMISSIONER AND SECRETARY AND ORS
TO THE GOVT. OF ASSAM , REVENUE AND DISASTER MANAGEMENT
DEPARTMENT, DISPUR, GUWAHATI- 781006, DIST.- KAMRUP(M), ASSAM.
2:KAPHOT DAM
W/O- SRI SANTOSH DAM
R/O- VILL.- ZIRIKINDENG
P.O. ZIRIKINDENG
P.S. KHERONI
DIST.- KARBI ANGLONG
ASSAM
PIN- 782448.
3:THE STATE OF ASSAM
REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR
GUWAHATI- 781006
DIST.- KAMRUP(M)
ASSAM.
4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
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HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI- 781006
DIST.- KAMRUP(M)
ASSAM.
5:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI- 781007
DIST.- KAMRUP(M)
ASSAM.
6:THE DEPUTY COMMISSIONER
HAMREN
DIST.- KARBI ANGLONG
ASSAM
PIN- 782486.
7:THE SUPERINTENDENT OF POLICE
HAMREN
DIST.- KARBI ANLONG
ASSAM
PIN- 782486.
8:THE OFFICER-IN-CHARGE
KHERONI POLICE STATION
P.O. KHERONI
DIST.- KARBI ANGLONG
ASSAM
PIN- 782440.
9:THE OFFICER-IN-CHARGE
ZIRIKINDENG POLICE STATION
PRESENT P.S. HAMREN
DIST.- KARBI ANGLONG
ASSAM
PIN- 782448
Advocate for the Petitioner : MR. T J MAHANTA, SC, GHC,MR. A BORUA
Advocate for the Respondent : SC, REVENUE, MR. P MAHANTA,GA, ASSAM
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BEFORE
HON'BLE THE CHIEF JUSTICE (ACTING) MR. LANUSUNGKUM JAMIR
HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER
13.06.2025
(N. UNNI KRISHNAN NAIR, J)
Heard Mr. T. J. Mahanta, learned Senior Counsel and Standing Counsel,
Gauhati High Court, assisted by Mr. A. Borua, learned counsel appearing for the
applicant. Also heard Mr. R. Borpujari, learned Standing Counsel, for the
opposite party No. 1; Ms. M. Das, learned counsel appearing for the opposite
party No. 2 and Mr. P. Saikia, learned Government Advocate, appearing for the
opposite party Nos. 3, 4, 5, 6, 7, 8 & 9.
2. The present application has been initiated by the applicant praying for
modification of the directions passed by the coordinate bench of this Court vide
Order dated 15.05.2025 in the connected Writ Appeal being Writ Appeal No. 135
of 2022. The direction of which modification is sought for is extracted
hereinbelow:
"Taking into consideration the above facts and circumstances of the case, we deem it
appropriate to direct the Registry to initiate disciplinary proceedings against Ms.
Sumita Das, Private Secretary, and also to direct the Copying Section of Gauhati High
Court that, henceforth, before issuing certified copy of any judgment or order passed
in any case, the uploaded online copy of the judgment or order should be verified with
the original signed judgment or order as available in the case record."
3. It is the contention of the applicant that for issuance of the certified copy
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if the procedure as prescribed by this Court vide Order dated 15.05.2025 is to
be implemented, the same would be a time consuming one and would not
benefit either the litigants nor the Registry of this Court. Accordingly, the
applicant in the Interlocutory Application has suggested measures to be put in
place to ascertain the authenticity of the uploaded copies of the Judgment/order
passed by the Judges of this Court.
4. We have considered the contentions made by the applicant in the present
Interlocutory Application and also the contentions raised by Mr. T. J. Mahanta,
learned Senior Counsel, during the hearing of the present Interlocutory
Application.
5. On a consideration of the matter, we are of the considered view that the
contentions raised by the applicants mandate acceptance and the directions
quoted hereinabove passed by the coordinate bench of this Court vide the Order
dated 15.05.2025 would call for a modification and accordingly the said order is
modified and be substituted in the following manner, in terms of the
recommendation made by the Registry of this Court, extracted hereinbelow:
"(i) Henceforth, once a judgment/order has been signed by the Hon'ble Judge (s), the
concerned Private Secretary, Stenographer shall check and verify the
judgment/order.
(ii) Thereafter, the Concerned Private Secretary/ Stenographer shall mark the
judgment/order as "Checked and verified" along with his/her full name and
designation at the end of the said judgment/order.
(iii) The PDF judgment template finally prepared with the marking "Checked and
verified" shall be digitally signed by the concerned Private Secretary/
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Stenographer and subsequently the same shall be uploaded to the Case
Information System.
(iv) If the certified copy/copies of any judgment/order is/are applied for after the
introduction of the new system, the Copying Section shall first verify the marking
"Checked and verified" along with the affixed digital signature before issuing the
certified copy. In case of any doubt with regard to, or any discrepancy noticed the
digital signed uploaded judgment/order Copying Section shall physically verify the
same by calling for the case record."
6. The Registry is directed to issue appropriate notification incorporating the
procedure set out hereinabove for issuance of Certified Copies of Judgment and
orders, after receiving an approval for the same from the Hon'ble Chief Justice
(Acting) in the matter.
7. Further, it is to be noted that the modification effected to the directions
contained in the Order dated 15.05.2025 is only to the extend of the manner for
issuance of certified copy and we have not interfered with the direction for
initiation of Disciplinary Proceedings against Ms. Sumita Das, Private Secretary.
8. With the above observations and directions, the Interlocutory Application
stands disposed of.
JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant
