The bench of justice Ajay Rastogi and MM Sunderesh was anguished by the fact that the certified copy of a Madras High Court order given to the parties was found to be different from what was dictated and uploaded on the website of the High Court. Supreme Court Bench took serious note of this fact unusual situation and directed the Registrar General of the Madras High Court to hold an inquiry and file a report in a sealed cover.

The issue was brought before the court by advocate K Subramanian that mysterious alteration has been carried out in the order without informing the lawyers. Both the orders were brought into the notice of the Supreme Court bench one which was dictated in the court and uploaded on the website and the certified copy given to the parties, argued that there are substantial changes in both the orders.

The Supreme Court passed the order that "A very unusual situation has been brought to our notice by the learned Counsel for the petitioners that the Division Bench of the High Court in CMP No. 7981/2022 concluded the hearing and reserved for judgment on 29.08.2022 and it was pronounced on 01.09.2022 in the open Court. The order which was pronounced by the High Court in the open Court on 01.09.2022 and which the petitioners have downloaded from the website of the High Court is at Page ‘7A’ onwards, but after few days, this order was replaced and a different order was uploaded and certified copy is available of a different order, which is at Page ‘1” onwards."

The Bench further said "We have gone through both the orders. Certain paragraphs are conspicuously missing/deleted from the order which is now available on the website of the High Court and if a person apply for a certified copy, he will get the order which is at Page ‘1” and has informed that after few days, the order which commences from page ‘7A’ was removed from the website and the counsel who appeared before the High Court on behalf of the petitioners has also filed his own affidavit that what was pronounced by the High Court in the Open Court on 01.09.2022 is at page ‘7A’ onwards and it was downloaded by the petitioners from the website of the High Court. Before we go into the merits of the grievance of the petitioners which has been raised before us, this matter requires a further inquiry at the level of the Registrar General of the High Court and the respondents may also respond to the statement recorded by us."

Further the Bench added "Issue notice to the respondents and also to the Registrar General of the High Court of Madras returnable on 14.11.2022. The Registrar General of the High Court shall place the factual report before this Court in a sealed cover on the next date of hearing. In the meanwhile, the parties shall maintain status quo in terms of the order dated 28.04.2022 passed by the High Court until further orders. Copy of this order be sent to the Registrar General, High Court of Madras for necessary compliance. "

Case Details:-

SLP(C) 16303-304/2022

J. MOHAMMED NAZIR & ANR. PETITIONER(S)
 VERSUS
MAHASEMAM TRUST & ORS. RESPONDENT(S)

Read the Order:-

https://main.sci.gov.in/supremecourt/2022/28778/28778_2022_8_16_38485_Order_23-Sep-2022.pdf