Penal Code, 1860 – ss. 120B, 109, 341, 302 & 34 – Draft
Rules of Criminal Practice, 2020 – Right of accused to demand
documents – Appellant along with other eight accused were
convicted and sentenced by Sessions Court for the offences
punishable u/s. 120B, 109, 341, 302 read with 34 of IPC – Some of
them were sentenced to death penalty and some with life
imprisonment – The Sessions Court had referred its judgment to the
High Court for confirmation of the death penalty – Adjournments
were sought several times by the parties – During the course of
hearing before the High Court, appellant address a letter to
Inspector, asking him to produce certain documents, which were
required for fair adjudication of their case in the light of the Supreme
Court’s decision Manoj and others Vs. State of Madhya Pradesh – In
the meanwhile, the appellant approached Supreme Court – Held:
(Per Bela M. Trivedi, J.) The death Reference cases referred by the
Sessions Courts to the High Court have to be given utmost priority
and should be heard and completed by the High Court as
expeditiously as possible and preferably within six months – ‘Draft
Rules of Criminal Practice 2020’ were the draft guidelines were
given by Supreme Court to all the High Courts and the State
Governments and Union of India – However, neither the High Courts
nor the State Governments appear to have taken any steps pursuant
to the said directions – As a result thereof, the said Draft Rules
have neither been adopted by the respective High Courts/State
Governments nor have come into force – Unless they have been
adopted, the same could not have been pressed into service by any
party to a criminal proceeding – The attempt made on behalf of the
appellant- accused and the other accused to delay the hearing,
under the guise that they had demanded certain documents from
the Investigating Officer was absolutely reprehensible – (Per S. Ravindra Bhat J. (for Uday Umesh Lalit, CJI and himself)) : The
Draft Rules framed, therefore, were a product of a thorough
consultative exercise undertaken to remedy asymmetries caused by
the lack of uniformity in Rules across States, which could hamper
appreciation of evidence, and in turn delay proceedings, especially
at the appellate stage – Some High Courts or governments of the
States/Union Territories have failed to comply with Supreme Court’s
order and are delayed in adopting the Draft Rules or amending the
concerned police/practice manuals, cannot prejudice the right of
an accused to receive the list of the statements – To say that the
judgment in Manoj in relation to this, and the right of the accused to
receive the list of documents, material, etc. would only apply after
the Draft Rules are adopted would lead to an anomalous situation
where the right of the accused in one State, prejudicially differs
from that afforded to an accused, in another.