Safiya Malik

The Calcutta High Court has issued practice directions to streamline the transmission of trial court records in criminal appeals. Noting repeated delays in dispatching records and the resultant postponement of appeal hearings, the court has prescribed specific timelines for the transmission, verification, and rectification of records. Additionally, new provisions have been introduced for appeals under Section 415(4) of the Bharatiya Nyaya Suraksha Sanhita, 2023, to ensure their expedited disposal.

The matter arose in connection with the appeal filed in Re: Putul Ghosh (C. R. A. (DB) 68 of 2022). During proceedings, the court reviewed a report that highlighted irregularities in the trial court records. These records, already dispatched to the High Court, contained defects that required rectification. Observing that delays in the transmission of trial court records were affecting the timely disposal of criminal appeals, the court examined existing procedural rules and noted the absence of any stipulated time frame for dispatching records or preparing paper books.

The court recorded that the failure to define timelines for these processes was contributing to undue delays in hearing appeals. Consequently, it found it necessary to supplement the existing procedural framework by issuing practice directions to regulate the transmission and verification of trial court records in criminal appeals.

The division bench noted that "on a number of occasions this court has noted delay in transmission of trial court records to this court. As a result, preparation of paper books is delayed. This contributes to delay in disposal of appeals." The court emphasized that timely transmission of records is essential for ensuring the efficient adjudication of appeals.

Further, the court recorded that "existing rules do not prescribe a time frame for dispatch of trial court records to the High Court. Rules also do not prescribe the time frame within which rectification of records are to be made or paper books prepared on receipt of records." In the absence of such timelines, procedural delays were inevitable. To address this gap, the court deemed it appropriate to issue directions supplementing the existing rules.

The bench also acknowledged that errors in trial court records, once identified, should be rectified within a reasonable time frame to avoid further delays in proceedings. To this effect, it stated that "Department shall within fifteen days upon receipt of trial court records inspect the same and in the event defects are noted in the records received the Bench having determination shall pass appropriate orders in regard to rectification of defects or preparation of paper books ignoring such defects (if they are minor) as the case may be."

Additionally, the court recognized the need for special provisions for appeals filed under Section 415(4) of the Bharatiya Nyaya Suraksha Sanhita, 2023. To ensure such appeals are resolved swiftly, it recorded that "the trial court records shall be sent within fifteen days from receipt of communication, verification be done within seven days thereof and paper books be prepared within seven days thereafter so that the appeal may be disposed of within six months from filing of such appeal."

In light of the above observations, the court issued the following practice directions to be followed in all criminal appeals:

1. Time Frame for Transmission: Trial courts must dispatch physical copies of records within 30 days of receiving communication from the High Court. If delayed, an explanation must be provided to the Registrar General, who will place the matter before the relevant bench for necessary directions.

2. Electronic Copy Transmission: In addition to physical copies, trial courts may immediately send scanned copies of records upon receiving communication from the department.

3. Verification of Records: The High Court’s department must inspect trial court records within 15 days of receipt. If defects are found, the bench concerned shall decide whether to order rectification or proceed with paper book preparation despite minor defects.

4. Rectification Orders: If rectification is directed, the trial court must comply within the time frame prescribed by the High Court. Any delay must be justified before the Registrar General, who will place the matter before the appropriate bench.

5. Paper Book Preparation: Paper books must be prepared within four weeks of record verification.

6. Special Provisions for Section 415(4) Appeals:

• Trial court records must be sent within 15 days of receiving communication.
• Verification must be completed within seven days.
• Paper books must be prepared within seven days of verification.
• The appeal must be disposed of within six months of filing.

7. Implementation and Compliance: The Registrar General of the Calcutta High Court is directed to communicate this order to all relevant departments of the High Court and all trial courts in West Bengal and the Andaman & Nicobar Islands.

Case Title: Re: Putul Ghosh
Case Number: C. R. A. (DB) 68 of 2022
Bench: Justice Joymalya Bagchi and Justice Subhendu Samanta 

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