In a significant move aimed at ensuring better quality evidence in court proceedings, the Supreme Court of India has directed its Registry to no longer accept black and white photographs submitted by parties without prior permission from the Court. The directive was issued by a bench comprising Justice Surya Kant and Justice Ujjal Bhuyan while hearing a Special Leave Petition (SLP) in the case of Savita Rasiklal Mandan & Anr. vs. Union of India & Ors. (Diary No. 36435/2024).
The Court observed that there has been a growing trend among parties to submit blurred and unclear black and white photocopies of photographs as evidence, which hampers the judicial process. “We are observing for a fairly long time that parties take full liberty in placing on record black and white photocopies of photographs, mostly which are blurred,” the bench noted. The Court emphasized that such practices compromise the quality of evidence and can potentially affect the fair administration of justice.
The Registry has been directed to enforce this new rule strictly and not to entertain any black and white photographs in the future unless prior approval has been obtained from the Court.
The order came during a hearing related to a dispute over property measurements in Diu, where the petitioners, Savita Rasiklal Mandan and another party, challenged the measurements and amenities of an apartment allotted to them by the local authorities. The petitioners were represented by advocates Ms. Aastha Mehta, Mr. Jawahar P. Purohit, Ms. Deepanwita Priyanka, and Ms. Prerana Mohapatra, while the respondents were represented by Mr. Shashwat Parihar and Mr. Shreekant Neelappa Terdal.
During the proceedings, the Court reviewed conflicting reports regarding the measurements of the disputed property. The petitioners submitted a report by experts from the Sardar Vallabhbhai National Institute of Technology, Surat, which contradicted the measurements provided by the government engineers. The Court expressed a preference for the report from the independent experts but decided to form a joint team to carry out fresh measurements.
Apart from directing the Registry on the submission of photographs, the Court constituted a joint team for fresh measurements of the disputed property. The team will include Dr. Atul K. Desai from the Sardar Vallabhbhai National Institute of Technology, Surat, and two government engineers who were previously involved in the case. The joint team is instructed to conduct the measurements transparently, including video documentation of the process.
The Court also directed the Collector of Diu to reimburse the honorarium and travelling expenses of Dr. Atul K. Desai for his participation in the initial and upcoming site visits.
The case has been adjourned for further hearing on September 30, 2024, with the interim directions to continue until then.
