CUTTACK: The Orissa High Court’s Registrar (Judicial) has sent an SOS to all district judges to ensure that the accused or their agents do not have access to the case diaries of the investigating officer or obtain copies of the same from the case record of any subordinate court.
Registrar (Judicial) Suman Kumar Mishra sent the SOS on Wednesday in pursuance to a direction issued by a Single Judge bench while considering a bail application. Justice Sashikanta Mishra after finding the case diary enclosed to a bail application filed by the accused directed the Registrar (Judicial) for notifying appropriate instructions to the subordinate courts.
In his July 26 order said, Justice Mishra said while the Code of Criminal Procedure provides that the accused is entitled to a fair trial, the same does not mean that the accused can be given an unfair advantage contrary to the provisions of the Code.
“Further, it is a case where not only was the case diary accessed, but also copies thereof obtained and enclosed to the bail application before the High Court with impunity. The matter, therefore, needs to be viewed with all seriousness by all concerned, not only by the concerned courts but also the office of the Court Sub-Inspector and the concerned Investigating Officer under whose custody the case diary is supposed to be kept,” he stated.
He expected all the courts must be conscious of the entitlement and disentitlement of the accused to the records of the investigating agency/prosecution pertaining to the case and so also the concerned police personnel in charge of the same.