Apex Court Bench of Justices Sanjay K Kaul and KM Joseph has emphasised that High Courts shall send only Translated English Records as per SC Rules and a Circular issued in this regard.
Bench was hearing a matter titled Ashok vs State of UP where it had appointed Dr. Rajiv Nanda as Amicus Curaie. Bench was informed that although the record has been received but its Translation in English is not available. Bench cited the following Circular-
CIRCULAR
Order XIX Rule 8(ii) of the Supreme Court Rules, 2013, read with sub-rule (1) of Rule 11, inter alia, mandates that the Registrar of the Court appealed from shall transmit the original record of the case, upon being requisitioned, in English language and in case the record or any part thereof is in a language other than English, the Court appealed from shall have it translated before transmitting the same to this Hon’ble Court. The provisions of Order XIX are applicable mutatis mutandis to other Orders of the Supreme Court Rules, 2013.
This Hon’ble Court, in the case of Pehtu Kanwar & Ors. v. State of Bihar (Now Jharkhand) [Criminal appeal NO.1257/2007], on 27th April, 2010, had been pleased to direct as under: “It is not understood as to why the High Court while sending the original records do not send the deposition after proper translation. It is, therefore, ordered that in future in all criminal appeals, wherever translation is required to be done into English, the same shall be done at the Registry of the respective High Courts before sending the original record to this Court.” Circular F.No.70/Judl./2010 dated 18th November
While refering to its order dated 20th November, 2018, in the case of Hari Om @ Hero versus State of Uttar Pradesh [Criminal Appeal NO.1256 of 2017], while reiterating the directions contained in Pehtu Kanwar [surpa], Apex Court directed as under: “It is unfortunate that the aforesaid directions given by this Court have not been stricto sensu followed. We reiterate the said order and direct the Registry of all the High Courts to comply with the aforesaid direction in letter and spirit and to transmit the entire lower court records in English language.”
It is, therefore, once again directed that the Circular F.No.70/Judl./2010 dated 18th November, 2010, emanating from the order passed in Pehtu Kanwar [supra] and reiterated in Hari Om @ Hero [supra] as also the provisions of Order XIX Rule 8(ii) of the Supreme Court Rules, 2013, shall, stricto sensu, be followed.
The branches on Judicial side, while requisitioning the record, shall communicate to the courts appealed from and/or Courts below to transmit entire original record in respect of civil and criminal cases, duly translated in English language, in compliance with the orders of this Hon’ble Court, as above, read with Office Order No.F4/SG/2014 dated 3rd December, 2014. Further before placing the matter under Order V Rule 1(30) of the Supreme Court Rules, 2013, for pre-final hearing, the office report shall indicate the factum of receipt of entire original record duly translated in English language.”
Bench noticed that practically all the appeals which have come before us, the aforesaid Circular has been followed in breach. The Circular needs to be re-emphasized and the steps in pursuance to the said Circular need to be taken by the Registry.
Supreme Court order in Ashok vs State of UP
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