Trial Court not be addressed as lower court, SC tells Registry

Read Time: 03 minutes

Synopsis

Court said that even the record of the Trial Court should not be referred to as Lower Court Record (LCR), instead, it should be referred as the Trial Court Record (TCR)

The Supreme Court has directed its own Registry to end the practice of addressing the trial court as lower court. Court said that eve it should not call the records of the trial court as lower court records.

A bench of Justices Abhay S Oka and Ujjal Bhuyan, in a recent order, said, "It will be appropriate if the Registry of this Court stops referring to the Trial Courts as ‘Lower Courts’. Even the record of the Trial Court should not be referred to as Lower Court Record (LCR). Instead, it should be referred as the Trial Court Record (TCR)". 

The court directed its Registrar (Judicial) to take a note of this order.

The bench directed for sending a copy of this order to the officer.

The court passed its directions while hearing a criminal appeal by Sakhawat and another against the Allahabad High Court's order.

In a judgement on November 9, 2023 on a PIL by advocate Ashwini Kumar Upadhyay, the Supreme Court's bench led by Chief Justice of India D Y Chandrachud had said though Constitution uses the expression ‘subordinate’ to describe the district judiciary, it is not to be understood in the literal sense. 

"In fact, this Court in All India Judges Association Vs Union of India & Ors, 2023, has held that district judiciary is a part of our basic structure," the bench had pointed out.

Case Title: Sakhawat & Anr Vs State of Uttar Pradesh