The Calcutta High Court has issued new guidelines to ensure timely transmission of case records from trial courts after receiving orders from the High Court.

A division bench of Justice Subhendu Samanta and Justice Joymalya Bagchi noted, “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 bench observed that the existing rules did not specify a time frame for trial courts to send records to the High Court after receiving communication, nor did they outline a timeline for rectifying records or preparing paper books upon receipt of trial court records. This lack of clarity had led to inefficiencies in the disposal of appeals.

To address this issue, the Court framed the following specific rules:

  • (i)Trial court shall dispatch the trial court records in physical form within 30 days from receipt of communication from the High Court. In the event there is delay, an explanation shall be submitted before the Registrar General who shall place the matter before the Bench having determination for necessary directions.
  • (ii)In addition to dispatch in physical form, trial courts upon receipt of communication from the department may also 2 forthwith dispatch a scanned copy of the records to the High Court.
  • (iii)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.
  • (iv)In the event the Bench directs rectification of the records by the trial court, the same shall be done within the time frame prescribed by the Bench concerned.
  • (v)In the event of delay, trial court shall furnish explanation before the Registrar General who shall place the same before the Bench for necessary directions.
  • (vi)Department shall prepare paper books within four weeks of verification of records.
  • (vii)In respect of appeals under Section 415 sub-section (4) of the Bharatiya Nyaya Suraksha Sanhita, 2023, 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.

The Court has directed that these guidelines be communicated to all trial courts under its jurisdiction through the Registrar General’s office, ensuring uniformity and accountability in the handling of case records, and minimizing delays in the judicial process.

Cause Title: In Re: Putul Ghosh

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Calcutta High CourtJustice Subhendu SamantaJustice Joymalya Bagchi

Suchita Shukla

Assistant Editor

Suchita Shukla is an Assistant Editor at Verdictum, with a strong foundation in legal research and writing, she brings over 4.5 years of experience to the table, having honed her skills in the dynamic field of law. She covers Supreme Court and High Courts. She completed her BA-LLB (Hons.) 5-year course with specialisation in Intellectual Property rights from Galgotias University. Since 2019, apart from having worked at a legal publishing house she has also ventured into legal journalism.