The Punjab and Haryana High Court recently voiced its shock at the fact that it took more than five years for the lower court record (LCR) in a criminal appeal to be transferred to a Sessions Court in Amritsar.

The bench of Justice NS Shekhawat remarked that the appellate court had failed to take adequate measures to summon the lower court record (LCR). The Bench stated that such negligence on the part of judicial officers is completely unacceptable, as it constitutes a denial of speedy justice to litigants who approach the court with the expectation of timely justice.

"It is also apparent that the appeal in the present case was instituted before the Court of Sessions Judge, Amritsar on 03.01.2020 and shockingly, the lower Court record was not received by the Appellate Court for a period of more than five years from a local court itself. It is really painful to notice that the Presiding Officers of the Appellate Court had passed routine orders and did not bother to take any effective steps for summoning the lower Court record," it added.

The Court was hearing a petition filed by an accused in a case under the Negotiable Instruments (NI) Act, seeking an expedited decision on his appeal pending before an Additional Sessions Judge. Last month, the High Court expressed its astonishment that the appellate court had not received the record from the lower court, despite both courts being located in Amritsar. 

The District and Sessions Judge of Amritsar, who was directed to investigate the matter, later informed the Court that disciplinary action had already been initiated against three officials of the District Court, Amritsar, for failing to issue the docket to requisition the LCR, despite orders from the respective courts. The High Court stated in its order dated February 5 that it expects the disciplinary proceedings to be carried to their logical conclusion.