Kerala High Court reminds courts to ensure accused get witness statements, document list before trial starts

The Kerala High Court recently said that the legal requirement to provide an accused person with witness statements, documents and material objects before a criminal trial begins must be followed without fail [Akhil Sabu v State of Kerala]..This legal requirement has been incorporated in Rule 19(4) of the Rules of Practice, 1982 applicable to Kerala. Justice A Badharudeen has now ordered that trial courts should ensure that Rule 19(4) is complied with by posting cases specifically to check such compliance, before trial hearings start. "Registry is directed to forward a copy of this order to all Criminal Courts in the District Judiciary, with direction to ensure compliance of Rule 19(4) of the Criminal Rules of Practice in Kerala, 1982, before start of trial, by directing Public Prosecutors giving a specific posting for the said compliance and start trial only after ensuring the compliance of the mandate of Rule 19(4) of the Rules, 1982, without fail," the High Court ordered..The Court was considering a petition filed by a man (petitioner) who sought to quash the criminal proceedings initiated against him on the ground that the trial against him was scheduled to start without complying with Rule 19(4). He argued that his his right to defend his case fairly was, thus, violated. Rule 19(4) mandates that before the commencement of a trial, the prosecution must provide the accused (a) statements of witnesses recorded during the investigation (b) a list of documents mentioned in Sections 173, 207, and 208 of the Code of Criminal Procedure and (b) material objects. Notably, this includes both statements, and a list of documents and objects that the prosecution intends to rely upon during the trial, as well as a list of statements, documents and objects that were collected (during investigation) but are not being relied on by the prosecution during trial. This rule ensures that the accused is fully informed of the evidence against them before the trial begins, thereby facilitating a fair trial process.Summarising the law, the High Court observed:"On a plain reading of Rule 19(4) of the Rules, 1982, it is clear that, the accused shall be supplied with statements of witnesses recorded and a list of documents, as mentioned in Sections 173, 207 and 208 of the Cr.P.C. In addition to that, every accused shall be supplied with a list of material objects which the Investigating Officer relies upon. The list also shall specify the statements, documents and materials that are not relied upon by the Investigating."In the present case, however, the Court found merit in the Public Prosecutor's contention that this rule had been complied with and that the petitioner was only trying to protract the trial against him. .Therefore, it dismissed the petition. .The petitioner was represented by advocates Navaneeth N Nath, Shinto Thomas, Gautham Krishna EJ and Abhirami S.Senior Public Prosecutor Renjit George appeared for the State..[Read Order]