Supreme Court lays down new practice directions for exemption from filing certified copies of judgments

The Supreme Court recently issued practice directions to ensure that the litigants file certified copies of the orders and judgments of High Courts and lowers courts which are being challenged by them before the top court [Harsh Buwalka and Others v. Sanjay Kumar Bajoria]..A division bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra observed that despite there being specific provisions in the Supreme Court Rules of 2013 that require a special leave petition (SLP) to be accompanied by a certified copy of the judgment or order under challenge, such provisions are often breached."Such a situation should not to be allowed to persist; so long the rules exist, there has to be substantial compliance. Even if the certified copy is not available on the date of presentation of a special leave petition, proof of application for such copy has to be adduced for the court to consider the prayer for exemption," the Court said..Accordingly, the Court issued following directions,● If any special leave petition, arising out of civil proceedings or criminal proceedings, is accompanied by an application for exemption from filing certified copy of the judgment or order under challenge, such application must have, as an annexure, the receipt that has been provided by the concerned Section/Department of the high court as acknowledgment of receipt of an application from the applicant for certified copy of the impugned judgment and/or order and the reason for seeking exemption.● It must have an averment that the application for certified copy has not lapsed owing to non-filing of requisites or otherwise.● The application must contain an undertaking of the applicant to place the certified copy of the impugned judgment and/or order on record as soon as possible after the same is furnished to him by the concerned Section/Department of the high court.The Court directed the Secretary General of Supreme Court to bring its order to the notice of all concerned by issuing an appropriate circular."This practice direction has to be observed by all litigants who propose to file special leave petitions both on the civil side as well as on the criminal side with effect from 20th August, 2024," ordered the bench..The Court took serious note of the issue while hearing an SLP against a Calcutta High Court order in a criminal case.In their SLP, the appellants had also moved an application seeking exemption from filing certified copy of the order under challenge. It was stated in the application that though the petitioners applied for certified copy of the order passed by High Court in August 2021, they were yet to receive the same.Sensing something was amiss, the Court on July 29 ordered the appellants to file an application to bring on record documents in support of their claim for exemption.On August 5, after perusal of the application filed by the appellants, the Court found no application for certified copy of the High Court order had been moved before the filing of SLP. In fact, first such application was filed only on July 29 after the top court sought documents to show that petitioners had applied for the certified copy..After this, the senior counsel conceded that the petitioners had made an incorrect statement before the top court."We would have been entirely justified in directing the Registry to take suitable steps for initiation of proceedings before the criminal court against the petitioners but having regard to the fervent prayer made by Mr. [Siddharth] Bhatnagar that the petitioners may not entirely be at fault, we refrain from so directing," the Court said.Considering the circumstances, the Court dismissed the SLP as well as the application seeking condonation of delay of 774 days..Before parting with the order, the Court delved into the issue in detail.It noted that such applications seeking exemption from filing certified copies of the judgments and orders impugned are filed in a vast majority of the cases."Invariably, so to say, the Court accepts the statements made in such applications believing what have been stated therein as correct. This mild approach of the Court has generated a sense of belief among litigants that they can get away scot-free even by making statements which are far from the truth. It is high time that some sense of discipline is instilled so that the Court is not taken for a ride," the Court said.Litigants seldom apply for and obtain certified copy due to the lenient approach by the Supreme Court when it comes to filing of certified copy of the judgment under challenge, the Bench noted."It is common knowledge that a high percentage of special leave petitions come to be dismissed/disposed of on the first day of listing, without the petitioner actually filing such certified copy. Even, no undertaking is obtained from any litigant to file the certified copy of the impugned judgment and order as and when the same is furnished to him by the concerned Section/Department of the high court," it added..Senior Advocate Siddharth Bhatnagar and advocates Sonia Dube, Shatadru Chakraborty, Kanchan Yadav, Tanishq Sharma, Saumya Sharma, Pracheta Kar, Aditya Sidhra and Nadeez Afroz appeared for the appellants..[Read Order]