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Placing cost sheet in public area might violate rights of accused, victims: Supreme Court docket : The Tribune India


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New Delhi, January 20

A cost sheet filed by an investigating company isn’t a public doc, the Supreme Court docket mentioned on Friday, holding that placing it in public area will violate the rights of each the sufferer and the accused.

The highest courtroom made the observations whereas listening to a plea by journalist Saurav Das searching for free public entry to cost sheets and last stories filed as per Part 173 of the Code of Prison Process, 1973.

“If the aid as prayed within the current petition is allowed and all of the chargesheets and related paperwork produced together with the chargesheets are placed on the general public area or on the web sites of the State Governments it will likely be opposite to the Scheme of the Prison Process Code and it might as such violate the rights of the accused in addition to the sufferer and/and even the investigating company.

“Placing the FIR on the web site can’t be equated with placing the cost sheets together with the related paperwork on the general public area and on the web sites of the State Governments,” a bench of Justices MR Shah and CT Ravikumar mentioned.

The highest courtroom dismissed the PIL for lack of benefit. The apex courtroom orally noticed that if FIRs are given to these unrelated to the case like busybodies and NGOs, they may be misused.

Advocate Prashant Bhushan submitted it’s the responsibility of each public authority to place out that data suo motu (of its personal accord). Bhushan submitted whereas the course of the highest courtroom to police to publish copies of FIRs on their web sites has induced transparency within the working of the prison justice system, the logic of disclosure applies extra strongly to cost sheets as they’re filed after due investigation.

A cost sheet is a report ready by investigation or regulation enforcement businesses for proving the accusation of against the law. As soon as the cost sheet has been submitted to a courtroom of regulation, prosecution proceedings in opposition to the accused start.

As per part part 207 CrPC, the investigating company is required to furnish the copies of the cost sheet together with the related paperwork to be relied upon by the prosecution to the accused and no person else.  

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