Srinagar, Mar 6 : The High Court of Jammu & Kashmir and Ladakh has expressed serious concern over the growing practice of litigants submitting uncertified photocopies of court documents obtained directly from court records instead of procuring certified copies through the prescribed legal procedure.
The observation was made by Justice Rahul Bharti of the Srinagar Bench while hearing the case Fayaz Ahmed Sheikh vs Qamar Un Nisa. The Court noted that in several petitions related to both civil and criminal proceedings, annexures attached with the petitions were found to be mere photocopies taken from the trial court files rather than certified copies issued through official channels.
Justice Bharti observed that such instances suggest that litigants are being allowed access to court records by concerned clerks to obtain photostat copies of documents, which are then produced before the High Court as annexures.
“This Court is coming across petitions relating to civil as well as criminal cases wherein the annexures accompanying the petition are uncertified photocopies taken directly from the court record itself,” the Court noted, adding that such practices indicate that documents are being procured through unfair means.
Taking serious note of the issue, the Court directed the Registrar General of the High Court of Jammu & Kashmir and Ladakh to issue strict instructions to all presiding officers across courts in the Union Territories of Jammu and Kashmir and Ladakh to ensure that such practices are immediately stopped.
The Court further warned that if any petition in the future contains uncertified photocopies taken from court records, explanations will be sought not only from the concerned clerks but also from the presiding officers of the respective courts.
“The Registrar General shall pass on strict directions to all presiding officers that if such documents are found in future petitions, explanations will be warranted from both the presiding officers and the concerned clerks,” the Court stated in its February 13 order.
Advocate Saqib Shabir appeared for the petitioner in the case.(KNC)
