THE CERTIFIED COPY

When one puts up an application to an officer, the concerned person replies back to the applicant. But in the court matters the case is different. When a petition is submitted in the court, the judgment is announced. The judgment is not sent to the petitioner directly.

First of all, after the hearing is over, the clerk is to be kept in good humor to know whether the judgment has been announced. The clerk does not give a copy of the judgment directly to the petitioner. As per the present practice the petitioner has to apply for a certified copy of the judgment.

It is a well known fact that the practice which is being followed in our law courts, are the practice which was being followed during the British era. During this time though a huge volume of water has flown through the rivers, we still follow the same old practice. Which practice is followed in Britain is not our concern. The fact that matters is the practice we are supposed to follow and what is being followed.

The British were the rulers. They were ruling over us. They maintained a distance because we were looked down in their eyes. Unfortunately enough, the Indian Judges also act like that of the judges of the British period, even though they are Indian citizens and deciding the cases of the Indian Citizens.

I do not find any harm if the judgment is given directly to the petitioner. There is absolutely no need of a via media like certified copy. Some people argue that there may be manipulation in the judgment. This apprehension was there in the days when Photo Copy machines were not invented. During those days copyists were employed to write the judgment by hand and there was every possibility for a mistake, addition or omission of a word or a sentence by mistake or by chance or with a malaise intention. Strangely enough, people those who matter suspect the performance of a lifeless machine for which all are alike and it does not have a near and dear to support or to oppose. Sadly enough, Indian Judiciary has reserved its place in Guinness Book of World Records for taking century long time to decide a case. Certified Copy of a judgment has a role to play for the delay.

We observe that when a case is filed a court fee or stamp duty is paid. This means that the petitioner has paid money for decision over an issue or a dispute and conveying him the judgment. It is sheer injustice to take money for a purpose and betraying the petitioner. There is absolutely no room for a certified copy.

To sum up, I am of the opinion that the copy of the judgment may be given to the parties on the date of pronouncement of the judgment.

I hope the matter will draw due attention.