Registry officers must know rules like back of one's hand, says Apex court
New Delhi: Registry officers must know Supreme Court Rules like the back of one's hand, the apex court has said while asking Registrar (Judicial) to issue instructions to officials that there is no need to file an application seeking exemption from surrendering when the order under challenge before the court is only one of cancellation of bail. Justice P S Narasimha said that as per the Supreme Court Rules, such a requirement exists only for criminal appeals and special leave petitions (SLPs) where the petitioner is 'sentenced to a term of imprisonment'.
The apex court's observations came while dealing with applications for condonation of delay and restoration of the application for exemption from surrendering in a cheating case.
The counsel for the applicant said the apex court Registry insisted on filing an application seeking exemption from surrendering even when the order under challenge before the court is one of cancellation of bail.
When the apex court informed the counsel that the Rule applies only for Criminal Appeals or Special Leave Petitions where the petitioner is 'sentenced to a term of imprisonment' and not to SLP's against cancellation of bail, some lawyers said that they file such applications instead of arguing with the Registry.
"The officers of the Registry must know the Supreme Court Rules like the back of one's hand. Order XXII Rule 5, applies only to cases where the petitioner is 'sentenced to a term of imprisonment' and it cannot be confused with simple orders of cancellation of bail.
"What is disturbing is that a large number of such applications for exemptions are routinely filed when there is no need to adopt such a procedure at all. This has serious consequence of increasing the burden of lawyers, judges and even the Registry. This is apart from loss of respect for law," the apex court said in a recent order.
The top court directed the Registrar (Judicial) to issue formal instructions to the concerned filing, scrutiny and numbering Sections with respect to matters in which Order XX, Rule 3 and Order XXII, Rule 5 will apply.
