Supreme Court gives states, HCs 8 more weeks to notify new criminal trial rules

Supreme Court gives states, HCs 8 more weeks to notify new criminal trial rules
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NEW DELHI: The Supreme Court on Thursday gave two months to high courts and states to implement a set of guidelines meant to streamline inadequacies and deficiencies in criminal trials. In April 2020, the top court have states six months to incorporate the guidelines in the rules governing criminal trials and police manuals.

As action taken reports were filed by the states and high courts, the amici curiae (friend of the court) comprising senior advocates R Basanth and Sidharth Luthra along with advocate K Parameshwar informed the court that seven high courts either hadn’t submitted any information or failed to comply with the order. Among the seven are the high courts of Bombay, Madras, Gujarat and Rajasthan.

The bench of justices L Nageswara Rao, BR Gavai and S Ravindra Bhat gave the states and high court eight more weeks for compliance.

The directions were passed based on the suggestions framed by the amici curiae who noted the absence of uniform practices in regard to the preparation of injury reports, deposition of witnesses, translation of statements, numbering and nomenclature of witnesses, labelling of material objects, besides prosecution of cases, the format of judgments and issuance of bail orders.

The three lawyers had submitted the “Draft Rules of Criminal Practice, 2020” for the court’s consideration which was adopted after receiving suggestions from the high courts and states.

Some of these rules required separating the prosecution from the investigation by providing a separate team of lawyers, distinct from public prosecutors, to advise the police during the investigation. In addition, the police were also required to adopt a uniform manner of preparing body sketches, and spot panchnamas related to the crime.

Luthra informed the court that the rule on bail in the Draft Rules 2020 should provide for the bail order to be sent directly to the prison on the same day when it is pronounced. The bench accepted this clarification and issued an order saying, “We are of the opinion that the draft rules should be read as a mandate for furnishing of the bail order to the prison concerned. We are also of the opinion that the bail orders shall be furnished by the prison concerned to the accused.”

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