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2008 DIGILAW 351 (PAT)

Arun Kumar Sinha @ Arun Kumar Singh v. State Of Bihar

2008-02-18

SHAILESH KUMAR SINHA, SHIVA KIRTI SINGH

body2008
Judgment 1. Heard learned counsel for the appellant and learned counsel for the State in respect of LA. No. 2110 of 2007 through which the appellant of Cr. Appeal No. 1354 of 2007 has prayed for fixing an early date of hearing for these appeals and connected Death Reference No. 12 of 2007. 2. For the purpose of expediting the hearing, on behalf of appellants it was offered that translation of necessary paper books may be allowed to be done out-side the court at the cost of the appellants and after the translation is compared by the concerned department of the court, paper book may be prepared expeditiously and the matter may be heard expeditiously. 3. We made query from the office of the court on 23.1.2008 as to within what time death reference No. 12 of 2007 alongwith connected Cr. Appeals can be ready for hearing. According to the office, in ordinary course on account of pendency of several death reference cases for hearing, the translation work and typing will take considerable time and these cases can be ready for hearing only by the end of September, 2009. However, the office has pointed out that if precedence is given by a judicial order then paper book of these appeals and death reference can be made ready by end of April, 2009. 4. Then we made queries from the office on 30.1.2008 regarding exact position in law. In view of several relevant High Court Rules pointed out on 30.1.2008, the office has given notes that according to Translation Department of this court there is no clear provision for translation of entire Hindi Papers of death referece cases in English. Such practice is continuing long. Standing Order No. 4 of 1943 was referred to by the office to point out that printing of paper books in death reference cases was necessary. In respect of query as to whether translation work can be got done from any agency outside the court, the office has merely pointed out that so far it has never been done in the past. 5. This court is aware of the past practice. In the long past printed paper books were required in all Criminal Appeals including Death Reference. 5. This court is aware of the past practice. In the long past printed paper books were required in all Criminal Appeals including Death Reference. In order to expedite the hearing of criminal appeals and avoid delay taking place on account of printing of paper books, this court introduced the practice of preparation of paper books of criminal appeals on the basis of Xerox copies of all the documents including depositions. At times when the court finds the xerox copies of deposition illegible, special orders are passed for their typing. But the practice of translation of all Hindi vernacular documents and typing of all documents for preparation of paper books in death reference cases have continued for long time. It appears that on account of limited hands available with the translation department and rising numbers of death reference cases a large number of death reference cases have accumulated and are pending hearing only because translation work cannot be completed in all those death reference cases. 6. We have given anxious consideration to the relevant rules in the Patna High Court Rules as well as to the office note and they show that there is no specific legal provision requiring translation of all Hindi vernacular documents into English for preparation of paper books in a death reference case. As it is, the practice of printing of paper books has been discontinued and only typed paper books are prepared. The report of the Translation Department dated 28.1.2008 shows that recently flow of death reference cases has increased 17 death reference cases of 2007 and four death reference cases of 2008 were received in the translation department and out of them only 3 death reference cases bearing nos. 1, 2 and 3 of 2007 have been returned to the criminal department after completing translation work. 7. We do not find any justification to give priority to one death reference case over another death reference in the matter of hearing. However, we agree with the learned counsel for the appellant that all necessary steps must be taken by this court to comply with the sprit of provisions in the Patna High Court Rules to get the death reference cases listed without any unnecessary delay. For this purpose the office of the court as well as the registry are required to be extra vigilant. For this purpose the office of the court as well as the registry are required to be extra vigilant. Besides that this Court is of the view that the requirement of early hearing of death reference cases outweighs the necessity of continuing with the tradition of getting Hindi document translated into English. Such practice is not based upon any provisions in the Patna High Court Rules. It appears to have been followed only for the purpose of convenience. Hence, we direct the registry and the concerned offices to prepare the paper books in death reference cases only by getting the deposition of witnesses typed neatly. If some other document is found to be illegible the contents of the same should also be typed without waiting for specific orders of the court. The paper books in death reference cases should be prepared with xeroxed copies of other papers and typed copies of depositions and of illegible documents without translation of Hindi documents into English. In case a court hearing death reference requires any document to be translated, then upon specific orders of the court, translation of required documents will have to be done by the Translation Department of the court. 8. It is expected that in view of this order the delay in listing of death reference cases alongwith connected criminal appeals will be greatly reduced. The typing work in death reference cases should be taken up expeditiously and completed at the earliest particularly in respect of death reference cases of 2007 without any delay, preferably within a period of two months. It is expected that the death reference cases shall be listed before appropriate Benches without any delay. 9. Let a copy of this order be brought to the notice to the Registrar General at once for onward circulation to the concerned departments.