In a significant ruling, the Kerala High Court has declared that property registers maintained in public offices cannot be deemed confidential. The judgment, delivered by Justice Bechu Kurian Thomas, underscores the principles of transparency and the right to information in judicial proceedings.
Background of the Case
The case, OP(CRL.) No. 434 of 2024, stems from a petition filed by P.B. Sourbhan, a 71-year-old resident of Pathanamthitta, who is the accused in S.C. No. 241/2020 of the Additional Chief Judicial Magistrate’s Court, Thiruvananthapuram. Sourbhan faced charges under various sections of the Indian Penal Code, including Sections 447 (criminal trespass), 294(b) (obscene acts), 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapons), 308 (attempt to commit culpable homicide), and 34 (acts done by several persons in furtherance of common intention).
Legal Issues Involved
The primary legal issue revolved around Sourbhan’s request for a certified copy of the property register related to property T-582/2011, which was produced in court. The Additional Chief Judicial Magistrate had dismissed this application, citing Rule 225 of the Criminal Rules of Practice, Kerala 1982. This rule restricts the issuance of copies of non-judicial and confidential papers without court orders.
Court’s Decision
Justice Bechu Kurian Thomas, after hearing arguments from Sourbhan’s counsel, Sri. C.S. Manu, and the Public Prosecutor, Smt. Sreeja V., ruled in favor of the petitioner. The court observed that the property register, being a document maintained in a public office, does not fall under the category of confidential records.
In his judgment, Justice Thomas stated:
“In this modern era of right to information and transparency, there can be nothing confidential about a property register maintained in a public office like a court of law. The property register is one of the key registers to be maintained by a criminal court.”
The court further clarified that Rule 225’s restrictions apply only to correspondences or proceedings that are confidential or not strictly judicial. The property register, being essential for the administration of justice, is considered a judicial record and thus should be accessible.
Important Observations
Justice Thomas made several significant observations:
1. Transparency and Right to Information: Emphasizing the importance of transparency, the court noted that denying access to such documents would be legally improper, especially when they are crucial for the defense in a criminal trial.
2. Judicial vs. Non-Judicial Records: The court highlighted that the categorization of the property register as an administrative form does not determine its character as a judicial or non-judicial record. Given its significance in judicial proceedings, it should be treated as a judicial record.
3. Rule 225 Interpretation: The court interpreted Rule 225 to mean that even confidential or non-judicial documents could be accessed under court orders, reinforcing the principle that judicial transparency should prevail.
Also Read
Case Details:
– Case Number: OP(CRL.) No. 434 of 2024
– Petitioner: P.B. Sourbhan
– Respondent: State of Kerala
– Bench: Justice Bechu Kurian Thomas
– Lawyers for Petitioner: Sri. C.S. Manu, Sri. Dilu Joseph, Sri. C.A. Anupaman, Sri. T.B. Sivaprasad, Sri. C.Y. Vijay Kumar, Sri. Manju E.R., Sri. Anandhu Satheesh, Sri. Alint Joseph, Sri. Paul Jose, Sri. Amal M., Sri. Dainy Davis
– Public Prosecutor: Smt. Sreeja V.
