Mumbai: In a move towards digitization, the Bombay High Court recently issued a notification amending the Civil and Criminal Manual to ensure that lower courts comply with orders communicated by higher courts through an e-copy sent through FASTER (Fast and Secured Transmission of Electronic Records) system and not insist on hard copies of the orders.
This means that when accused persons have secured bail from the HC or the SC, they need not wait for 2-4 days for the orders to reach the lower courts for completing the bail formalities.
Earlier, the SC and HC have asked the lower courts to comply with their orders when they are transmitted electronically. However, on various occasions, the lower court still insisted on physical copies of the order before taking appropriate steps.
This prompted the HC to issue a notification asking the judges of the subordinate courts to comply with order sent through FASTER system.
The notification issued by Registrar General RN Joshi details the amendment to the Civil and the Criminal Manual.
An amendment to the Civil Manual reads: “When e-authenticated copies of orders and processes are communicated by the Supreme Court of India and High Court of Bombay through the FASTER (Fast and Secured Transmission of Electronic Records) system, the receiving court should ensure compliance with the same, without insisting upon production of a hard copy.”
Whereas, a new chapter has been introduced in the Criminal Manual titled “E-Judgments, Orders, Processes and Systems” with two new rules.
The first rule provides that all purposes in the manual, e-authenticated copies of judgments, order and processes by SC and HC communicated through FASTER system be accepted by lower courts as valid without insisting on production of hard copy.
The second rule specifically deals with bail orders which states the lower courts should act on e-authenticated copies of bail orders communicated through FASTER and not insist on hard copies of the orders.
When Aryan Khan, son of Bollywood actor Shahrukh Khan, was granted bail by the HC, he had to spend one extra night in jail despite all formalities being completed. The reason – delay in the order copy reaching the Arthur Road Jail, where Aryan was lodged, from the HC.
In July last year, then Chief Justice of India NV Ramana had expressed anguish over delay in implementation of bail orders resulting in delay in release of prisoners.
“In this age of information and communication technology, we are still looking at the skies for the pigeons to communicate the orders,” the CJI had said.
The Supreme Court had then taken suo moto (on its own) cognisance of news reports regarding delay by Uttar Pradesh authorities in releasing 13 prisoners who were granted bail by SC in July. The accused were not released even after 2 weeks of acquiring bail as the jail authorities insisted on the physical copies of bail orders.
In August, a division bench headed by Justice Gautam Patel of the HC had issued directions to the advocates appearing in a public interest litigation seeking protection of wetlands and forests that the matter “will be taken up by e-filing”.
The judges had asked the parties to e-file affidavits and other documents and avoid using paper.
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