In Re: To Issue Cert... v. State Of Andhra Prad..., Supreme Court Of India, Judgment, Law, casemine.com

Citation Codes

Equivalent Citations

citation codes

Case Number

SMW (Crl.) No(s). 1/2017, SLP(Crl.)…CRLMP No. 7862/2017 (II-A), IA No. 7862/2017, IA No. 7864/2017, Diary No(s). 32324/2017 (II-C), IA No. 6100/2018, IA No. 6096/2018, IA No. 6093/2018, IA No. 6096/2018, Diary No(s). 36838/2017 (II-C), IA 134596/2017, IA No. 134596/2017, Diary No(s). 40383/2017 (II-A), IA No. 141024/2017, SLP(Crl) No. 3898/2018 (II-B), IA 98018/2020, Diary No(s). 41799/2017 (II-C), IA 21954/2018, IA 21955/2018, IA No. 21956/2018, Diary No(s). 42562/2017 (II-C), IA No. 1824/2018, IA No. 1825/2018, IA No. 1822/2018, Diary No(s). 1450/2018 (II-A), IA No. 48277/2018, IA No. 21904/2018, IA No. 21905/2018, Diary No(s). 1857/2018 (II-A), IA No. 20678/2018, IA No. 1831/2019, Diary No(s). 3717/2018 (II-B), IA 30237/2018, IA No. 30237/2018, Diary No(s). 4043/2018 (II-C), IA 29758/2018, IA 29761/2018, IA 152151/2018, Diary No(s). 6826/2018 (II-A), IA No. 31230/2018, IA No. 31231/2018, Diary No(s). 7014/2018 (II-B), IA 29537/2018, IA 29541/2018, Diary No(s). 11080/2018 (II-C), IA 55954/2018, IA 55956/2018, Diary No(s). 20002/2018 (II-A), IA 87771/2018, IA 158500/2018, Diary No(s). 22659/2018 (II-B), IA 88449/2018, IA 39393/20190, Diary No(s). 29038/2018 (II-A), IA No. 115341/2018, IA No. 115342/2018, Diary No(s). 29558/2018 (II-B), IA No. 114148/2018, IA No. 89618/2020, IA No. 114150/2018, IA No. 89617/2020 and IA No. 114154/2018

Disposition

Judges

Justice Sharad Arvind Bobde
Justice L. Nageswara Rao

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Smart Summary

Factual and Procedural Background

The opinion records directions passed in proceedings concerning the framing of “Draft Rules” submitted to the Court. The Court notes the statement of the learned Amicus Curiae that the Draft Rules were prepared after issuing notice to all High Courts and after hearing those High Courts that appeared. However, the Court considers it necessary, in the interest of justice, to hear the High Courts before issuing any directions regarding the framing of such Rules.

In a connected matter identified as SLP(Crl.) … CRLMP No. 7862/2017, the learned Amicus Curiae along with counsel for NALSA sought six weeks’ time to furnish information regarding the status of various High Courts with respect to computer interfaces. The order also addresses multiple diary numbers and SLP(Crl) No. 3898/2018, directing that they be de-tagged and listed before an appropriate Bench.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court takes note that the Draft Rules were prepared following notice to all High Courts and hearing those High Courts that appeared, as stated by the learned Amicus Curiae. Despite this, the Court holds that “in the interest of justice” it should hear the High Courts before issuing any directions regarding the framing of the Rules. On that basis, it directs that the matter be posted for hearing on the framing of Draft Rules by each High Court after six weeks.

Separately, the Court records the request of the learned Amicus Curiae and counsel for NALSA for six weeks’ time to provide information on the status of computer interfaces across various High Courts, and accordingly directs that the matter be listed after six weeks. For the listed diary numbers and SLP(Crl) No. 3898/2018, the Court orders de-tagging and listing before an appropriate Bench in the following week.

Holding and Implications

DIRECTIONS ISSUED / ADJOURNED: The Court directed that (i) the matter concerning framing of Draft Rules be posted for hearing after six weeks to hear each High Court before issuing directions; (ii) the connected request for time to furnish information on computer interfaces be listed after six weeks; and (iii) the matters under the specified diary numbers (and SLP(Crl) No. 3898/2018) be de-tagged and listed before an appropriate Bench next week.

The direct effect is procedural: the Court deferred substantive directions on framing of the Draft Rules until further hearing, granted time for collection of information regarding computer interfaces, and administratively reallocated (de-tagged) certain matters for listing before an appropriate Bench. The opinion does not indicate any broader implications or the laying down of new precedent.

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In Re: To Issue Certain Guidelines Regarding Inadequacies And Deficiencies In Criminal Trials Petitioner(s) v. State Of Andhra Pradesh And Others (s).

1. Mr. Siddharth Luthra, learned Amicus Curiae states that the Draft Rules which have been submitted to this Court were prepared after issuing notice to all the High Courts and hearing such High Courts who appeared. Nevertheless, we think that in the interest of justice, we should hear the High Courts before giving any directions about framing of any such Rules.

2. Post the matter for hearing on framing of Draft Rules by each High Court after six weeks.

SLP(Crl.)………………CRLMP No. 7862/2017

3. Ms. Vibha Datta Makhija, learned Amicus Curiae along with Mr. Gaurav Agarwal, learned counsel appearing on behalf of NALSA seeks six weeks time to furnish information about the status of various High Courts with regard to computer interfaces.

4. List after six weeks.

Diary No(s). 32324/2017, 36838/2017, 40383/2017, 41799/2017, 42562/2017, 1450/2018, 1857/2018, 3717/2018, 4043/2018, 6826/2018, 7014/2018, 11080/2018, 20002/2018, 22659/2018, 29038/2018, 29558/2018 and SLP(Crl) No. 3898/2018

5. De-tag and list before an appropriate Bench next week.

In Re: To Issue Cert... v. State Of Andhra Prad...