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G. Anand Swarup. (Associate)     25 July 2012

Court 'a' diary (civil & crimnal)

Respected learned Members,

 

Namaskar!

 

One of my good friend, recently had visited a Court in Coimbatore, Tamil Nadu, to know the stage of an I.A. had requested the Court Staff for the Court 'A' Diary. My friend informed me that he had very politely requested for the Court 'A' Diary!

 

While he was noting down the details it seems the Bench Clerk Madam had asked my friend not to see the Court 'A' Diary, close and return the same.

 

When my friend had asked for the reason the Bench Clerk had informed him that only Advocates can see and verify the Court 'A' Diary and that parties to the proceedings should not verify the Court 'A' Diary and had passed some unpleasant comments in the presence of many other Court Staff, my friend was very sad and deeply hurt!

 

Our doubt is whether information in Court 'A' Diary is highly classified and open to Advocates only?

Whether parties to a proceeding irrespective of Civil or Criminal in nature are eligible to refer to Court 'A' Diary?

Whether it is an offence if a person other than an Advocate inspects a Court 'A' Diary?

Whether R.T.I. Act would be of any use?

Whether any Court Fee has to be paid/deposited for inspecting Court 'A' Diary?

Further, which are the relevant Civil and Criminal provisions relating to Court 'A' Diary?

 

My Advocate friends in Chennai informed me that generally in Chennai Court Staff will not object if a party requests to see the contents of Court 'A' Diary!

 

I searched in Google to find out whether there are any competent Court Judgements relating to inspecting Court 'A' Diary, unfortunately I was unable to find a relevant one!

 

I request the learned Advocates and Honourable Members to guide us in this issue. I honestly feel if there is no bar to inspect the Court 'A' Diary, then parties to the proceedings and their representatives should not be prevented from inspecting the Court 'A' Diary!

 

Many thanks!



Learning

 1 Replies

Daksh (Student)     25 July 2012

Mr.G Anand Swarup,

The answer to your query lies in respective High Court Rules.  Advocates being officer of the Court are duly authorized to inspect the record subject to procedural formalities.  

It is necessary to clarify that the court records are not classified but the same are not allowed to be given to general public until they get due authorization.  

The practice part varies from one Court to other in some instance even Court clerks can ask and get the required info and otherwise for inspection of court record the client after authorization by Advocate can do the same.

Hope this clarify your query.

Thanks and best regards

Daksh


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