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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Allahabad High Court Directs Registry to Stop Referring to Trial Courts as ‘Lower Courts’

Allahabad High Court Directs Registry to Stop Referring to Trial Courts as ‘Lower Courts’

Introduction:

The Allahabad High Court, in a significant move, directed its registry to discontinue the practice of referring to Trial Courts as ‘Lower Courts’. This directive came during the hearing of a criminal revision petition filed by Samshad Ali challenging the acquittal of an accused in a crime. The Court observed that the practice of labeling Trial Courts as ‘Lower Courts’ is inappropriate and directed the Registrar General to issue a circular to rectify this practice.

Arguments of Both Sides:

The petitioner, Samshad Ali, raised concerns over the terminology used by the High Court registry to refer to Trial Court records as ‘Lower Court records’. The petitioner argued that such terminology undermines the status and significance of Trial Courts in the judicial hierarchy. The Court, taking cognizance of this issue, emphasized the need for accurate and respectful terminology when referring to Trial Courts. On the other hand, there were no specific arguments from the respondent’s side regarding the terminology used by the registry.

Court’s Judgement:

The Allahabad High Court, led by Justice Samit Gopal, reiterated the importance of addressing Trial Courts with due respect and dignity. It emphasized that Trial Courts should be referred to as ‘Trial Courts’ and not as ‘Lower Courts’, in line with their role and function in the justice delivery system. The Court directed the Registrar General to issue a circular to the registry to ensure the correct terminology is used henceforth. Additionally, the Court issued bailable warrants against the absent accused/respondent, emphasizing the importance of adherence to legal proceedings.