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No external assistance to be taken particularly police officers while recording/transcribing order of the court

In Sharmistha Chowdhury Vs. State of West Bengal, the  Calcutta High Court found that the Magistrate upon receiving the prayer for extension of period of detention from the Investigating Agency had dictated the order to the ASI of Police attached to the General Registrar section and upon giving such dictation had merely affixed the word ‘allowed’ to the said order. The Hon'ble Court held that the step taken by the Magistrate in outsourcing the recording of judicial orders to officers unattached to his Court particularly to a police personnel is an issue of grave concern. It amounts to a gross breach of the constitutional mandate of separation of executive from the judiciary and strikes a fatal blow to the independent functioning of judicial institution and preservation of fairness in administration of criminal justice.

Referring to the High Court Criminal (Subordinate Courts) Rules, 1985 (Calcutta) – Rule 183 – the Hon'ble High Court held that the practice of recording orders with the assistance of police personnel attached to the General Registrar section or otherwise is not only illegal but affects the independence of judiciary and the constitutional mandate of separation of judiciary from the executive.

Orders requiring the exercise of judicial discretion and the final order shall be recorded by the Magistrate in his own hand or typed by him, others may be recorded under his direction by the Bench Clerk – Held, Judges/Magistrates shall record orders strictly in terms of Rule 183 of the Criminal Rules and Orders (Sub-ordinate Court Rules), 1985.

In view of the technological advancement and the availability of personal computers/laptops to the judicial personnel, they may also transcribe their orders on the computers and take a printout thereof and upon affixation of their signature thereto, the said hardcopy shall be treated as a valid transcription of the order passed by the said court.

Any breach of such duty shall invite departmental proceeding so far as the judicial personnel is concerned. Registrar General of this Court shall circulate these directions to all Judges/Magistrates for necessary compliance. Director, State Judicial Academy shall ensure that necessary training is imparted to judicial officers attending the academy so that judicial orders are duly recorded in the manner as indicated above.

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