LI Network
Published on: February 10, 2024 at 12:10 IST
In a significant development, the Supreme Court has unequivocally instructed its registry to refrain from designating Trial Courts as ‘Lower Courts.’
Justices Abhay S. Oka and Ujjal Bhuyan, presiding over a criminal appeal related to Section 302 (murder) and Section 307 (attempt to murder) of the Indian Penal Code, 1860, emphasized that even the Trial Court’s records should not be labeled as Lower Court Record (LCR). Instead, they emphasized that it should be referred to as the Trial Court Record (TCR).
The Division bench made this directive while reviewing the appeal against the conviction of the appellants, who were sentenced to life imprisonment by the trial court after being found guilty based on the evidence on record.
Following the trial court’s decision, the appellants contested the order before the High Court. The High Court, upon concluding that the prosecution had sufficiently proven its case, dismissed the appeal and directed the appellants to surrender. Subsequently, the matter reached the Supreme Court.
During the hearing on February 8, the Court requested a soft copy of the Trial Court’s record. In the ensuing order, the Court not only recorded this request but also explicitly stated, “It will be appropriate if the Registry of this Court stops referring to the Trial Courts as ‘Lower Courts.'” This directive signifies a conscious effort to elevate the status and perception of Trial Courts within the legal framework.
In a significant development, the Supreme Court has unequivocally instructed its registry to refrain from designating Trial Courts as ‘Lower Courts.’
Justices Abhay S. Oka and Ujjal Bhuyan, presiding over a criminal appeal related to Section 302 (murder) and Section 307 (attempt to murder) of the Indian Penal Code, 1860, emphasized that even the Trial Court’s records should not be labeled as Lower Court Record (LCR). Instead, they emphasized that it should be referred to as the Trial Court Record (TCR).
The Division bench made this directive while reviewing the appeal against the conviction of the appellants, who were sentenced to life imprisonment by the trial court after being found guilty based on the evidence on record.
Following the trial court’s decision, the appellants contested the order before the High Court. The High Court, upon concluding that the prosecution had sufficiently proven its case, dismissed the appeal and directed the appellants to surrender. Subsequently, the matter reached the Supreme Court.
During the hearing on February 8, the Court requested a soft copy of the Trial Court’s record. In the ensuing order, the Court not only recorded this request but also explicitly stated, “It will be appropriate if the Registry of this Court stops referring to the Trial Courts as ‘Lower Courts.'”
This directive signifies a conscious effort to elevate the status and perception of Trial Courts within the legal framework.