Original record no more required by Supreme Court of India

Supreme Court of India in the case of Asian Resurfacing of Road Agency P. Ltd and ANR. Vs. Central Bureau of Investigation ( Criminal Appeal Nos. 1375-1376 of 2003) has directed that wherever original record has been summoned by an appellant/ revisional Court, photocopies/ scanned copy of the same may be kept for its reference and original returned to the trial court forthwith.

In cases where the specifically originally record is required by holding that photocopy will not serve the purpose, the appellate/ revisional court may call for record only for perusal and the same be returned while keeping a photo copy/ scanned copy of the same.

In view of the said direction of Apex Court, Supreme Court registry has issued a Circular no. F.NO.1/Regr.J-IV/2018 dated May 22, 2018. According to this circular whenever original record is summoned by the Hon’ble Court, scanned/digitized/photocopy of the original record may be requisitioned from the Courts appealed from and the Court below, instead of the original, unless otherwise orders by the Court. Wherever original record has already been requisitioned by the registry in cases arising out of interlocutory order, the same shall be transmitted back, after due verification and after having the same scanned/ digitized or photocopied by the Registry, except in cases where it has been expressly ordered otherwise. The said directions regarding transmission of original record shall form part of the communication requisitioning such record from the Court appealed from and the Courts below.

While requisitioning the original record, the Court appealed from and Court below shall be informed that the original shall not weeded out during the pendency of the matter before this Hon’ble Apex Court till a communication regarding disposal of the matter is received from the Registry of the Hon’ble Apex Court.  

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