In those proceedings, the High Court had by order dated 27.04.2022 fixed the hearing of the main proceeding – which is a death reference. The further proceedings which took place before the High Court, the hearing and the order made on 2 14.09.2022, declining to direct State to produce documents enlisted in letter written to the public prosecutor on behalf of the appellant on 05.09.2022, is impugned here. This resulted in Suo Motu WP (Crl.)
Also Read: https://newslaw.in/case-type/civil/courts-analysis-on-compliance-with-resolution-plan-conditions/
No 1 of 2017, wherein this court appointed amici curiae, and issued notice to all High Courts and governments of all States and Union Territories, so general consensus could be arrived at regarding the need to amend rules of practice/criminal manuals to bring about uniform best practices across the country.
Firstly, High Courts and governments of States/Union Territories, filed their responses. …
This Court is of the opinion that while furnishing the list of statements, documents and material objects under Sections 207/208 CrPC, the Magistrate should also ensure that a list of other materials, (such as statements, or objects/documents seized, but not relied on) should be 4 furnished to the accused. — (i) Every accused shall be supplied with statements of witness recorded under Sections 161 and 164 CrPC and a list of documents, material objects and exhibits seized during investigation and relied upon by the investigating officer (IO) in accordance with Sections 207 and 208 CrPC. If the State Government’s co-operation is necessary in this regard, the approval of the department or departments concerned, and the formal notification of the said Draft Rules, shall be made within the said period of six months. State of Madhya Pradesh, highlighted the dual role played by the public prosecutor and the court in safeguarding the accused’s right to fair investigation and trial, by scrutinizing the material and ensuring fair disclosure.
Also Read: https://newslaw.in/supreme-court/recall-of-order-and-legal-analysis-on-resolution-plan-requirements/
This Court held that it was incumbent upon the trial court to supply the copies of these documents to the accused as that entitlement was a facet of just, fair and transparent investigation/trial and constituted an inalienable attribute of the process of a fair trial which Article 21 of the Constitution guarantees to every accused. What is of significance is if in a given situation the accused comes to the court contending that some papers forwarded to the court by the investigating agency have not been exhibited by the prosecution as the same favours the accused the court must concede a right to the accused to have an access to the said documents, if so claimed.
State, 2012 SCC OnLine Kar 9209] taken by the High Court that the accused must be made to await the conclusion of the trial to test the plea of prejudice that he may have raised. It is this gap, that was recognised and addressed (paragraph 11 of final order) in the suo-moto proceedings, and suitably codified in the text of the Draft Rule 4, by introducing a requirement of providing a list (at the commencement of the trial) of all documents, material, evidence, etc.
That some High Courts or governments of the States/ Union Territories have failed to comply with this court’s order and are delayed in adopting the Draft Rules or amending the concerned police/practice manuals, cannot prejudice the right of an accused (to receive this list of the statements, documents, material, etc.
would only apply after the draft rules are adopted – would lead to an anomalous situation where the right of the accused in one state, prejudicially differs from that afforded to an accused, in another. While the concern of delay in conclusion of trial undoubtedly weighs heavily in the mind of the judge, it cannot entail compromise of the right of the accused to fair investigation and trial.
The appeal is accordingly dismissed.
Case Title: P. PONNUSAMY Vs. THE STATE OF TAMIL NADU (2022 INSC 1177)
Case Number: Crl.A. No.-001926-001926 / 2022
