BENGALURU: The Karnataka High Court has issued a notice to its registrar general, as well as the state and central governments, on a public interest litigation (PIL) challenging an amendment to the Karnataka High Court Rules, 1959—specifically Rule 3 of Chapter XX, which permits the destruction of high court records after five years.
A division bench comprising Chief Justice N V Anjaria and Justice M I Arun issued the notice after hearing the petition filed by advocate N P Amrutesh.
Advocate Vilas Ranganath Datar, representing the petitioner, argued that the high court, like the Supreme Court, is a court of record under Article 215 of the Constitution. He pointed out that while the Supreme Court, under Article 129, has framed rules for the permanent preservation of records, the Karnataka High Court rules allow the destruction of records after specific timeframes.
"It was further submitted that Rules 2 and 3 of the Karnataka High Court Rules, 1959, which permit the destruction of records after 30 years and 5 years, respectively, not only run counter to the purpose but also stand inconsistent with the concept that the high court is a court of record," the petition stated.
"Records have to be preserved permanently for the larger interest of justice, particularly when case proceedings get delayed for various reasons," Datar argued.
The court noted that while the issue also has an administrative aspect, a comprehensive approach was necessary. "To arrive at an appropriate conclusion in a wholesome way, notice is being issued to respondents, who should respond and assist the court," it observed.
The court has directed the registrar general to furnish necessary inputs on 19 March regarding the feasibility of preserving records permanently.