The Delhi High Court has directed a District and Sessions Judge to “reconstruct” within two weeks the records pertaining to a 20-year-old rape case, in which judicial and police files went missing. A bench of Chief Justice D Murugesan and Justice V K Jain also said that the trial court could proceed with the matter if the case had not been settled between the parties and the trial to be concluded within three months. In addition, the bench also directed for appropriate action against the officers responsible for missing of the files. “The District and Sessions Judge (Headquarter) shall forthwith initiate action in accordance with law, against the official(s) found responsible by District and Additional Sessions Judge, In-charge (South District),for the loss of the judicial file of the aforesaid case,” the court said. The bench further ordered for setting up a committee to examine the practices and systems prevailing in the matters of custody and maintenance of court records. “A committee consisting of District and Sessions Judge (Headquarter), District and Sessions Judge (South) and District and Sessions Judge (Shahdra), is constituted to examine the practices and systems prevailing in the matter of custody, maintenance, handing over/taking over and disposal of the judicial record and suggest ways and means which are necessary to ensure that no such incident occurs in future…. “The Committee shall also suggest an appropriate system to maintain record indicating successor courts and successor Ahlmad (Record Keeper) of each court, whether civil or criminal,” the court said and sought a compliance report to be filed before the high court Registrar within three months . The bench gave the directions while disposing of a PIL filed by Shweta Singh, an advocate, alleging that the rape case was pending in a lower court without any hearing as the judicial and police files had gone missing. PTI
