SUPREME COURT OF INDIA

Before:- K.T. Thomas and R.P. Sethi, JJ.

Criminal Appeal No. 266 of 1998. D/d. 2.8.2000.

Hemant Bhimappa Gadivaddar - Appellant

Versus

State Of Karnataka - Respondent

For the Appellant :- R.K. Maheshwari (Amicus Curiae).

For the Respondent :- Sanjay R. Hegde, Advocate.

Constitution of India, 1950, Articless 142, 144 and 21 - Lapses - Allegations that State not supplied its councels the papers for addressing arguments - In others cases too filed by prisoners against State lapses occurred on the part of State - Directions however issued to Law Secretary to present and explain the reason for lapses on next posting date.

[Para 2]

ORDER

K.T. Thomas, J. - This is a right of appeal of the accused as the High Court has reversed an acquittal. We appointed Mr R.K. Maheshwari, Advocate as amicus curiae. He must be supplied with copies of the relevant documents to enable him to study the case and address arguments. The Registry will supply the copies of all the relevant documents by the next posting date.

2. Learned counsel for the State of Karnataka candidly confessed that he is not in possession of the papers for addressing arguments. He is unable to give any explanation why the State has not supplied such papers to him. This is not the only case in which the State of Karnataka is a party wherein such serious lapse is seen. In most of the cases filed by prisoners against that State we have noticed the same position. We, therefore, direct the Law Secretary of the State of Karnataka to be present before this Court on the next posting date to explain to the Court why is there no system in the State to make the papers available to the State counsel in the Supreme Court. List on 22-8-2000.

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