Thread by @barandbench

Supreme Court hears its suo motu case on inadequacies and inefficiencies in the process of criminal trials

#SupremeCourt

Senior Advocates Siddharth Luthra and R Besant, Amicus Curiaes, have submitted a draft rules on criminal practice.

Luthra: we had a colloquium.

Luthra: We have only recieved responses from Andhra Pradesh, Karnataka, and Telangana High Court. 20 High Courts have chosen not to respond even after we held consultations.

CJI: we will give High Courts 2 weeks to submit or give suggestions to draft rules.

CJI: the high courts need to make a statement on adopting the draft rules for their high courts.

Luthra: These rules should be the substratum of all rules dealing with criminal trials. We also have to see what guidelines are to be followed to virtual hearing and trials dealing with such criminal trial hearing.

CJI indicates that Senior Advocate Siddharth Luthra will be appointed as the amicus curiae in the case where Delhi High Courts decision to conduct physical hearing has been challenged.

#DelhiHighCourt
#physicalhearing
#COVID19

CJI orders: Rules have been drafted, and these rules are not followed in all High Courts. It is needed to prepare draft rules which can be incorporated into existing rules by the High Courts.

CJI: Accordingly we issued notice to regiatrar General of a high courts and chief secretary of all states so that uniform consensus can be there to amend the criminal rules and practice manual.

CJI: A committee of Senior Advocates Luthra, R Basant and K Parameshwar was formed to go through rules of all states and submit a report. The committee has submitted a report. This Court has received response of AP, Karnataka, Telangana and Delhi High Courts.

CJI: we consider it appropriate having regard to urgency of change, the high courts need to submit a substantive reply within two weeks dealing with all aspects. In case they cannot do so, the registrar general of the HC be remain present with appropriate instructions.

Adv Sneha Kalita for Gauhati HC: We have already filed an affidavit in 2016.

Luthra: This was a previous round. This report was submitted in March, 2020.

Kalita: we have not got this second report

CJI: the said report is available on the SC website. Access that and file the reply.

Amicus Curiae Advocate Vibha Datta Makhija submits a report on condonation of delay in consultation with SCLC.

CJI: we deem it appropriate to form a committee of experts to examine this issue and be perused by the High Courts.

CJI: We have also gone through report on timely filing of appeals. We therefore direct that various high courts to submit their responses to the committee through the registrar general. Committee shall submit report to us. Matter after 4 weeks.