HC sets aside trial court order denying accused documents for defence
16/07/2026
SRINAGAR, Jul 15: The High Court of Jammu & Kashmir and Ladakh has set aside an order of a Special Judge, Anti-Corruption, Srinagar, refusing to direct supply of documents to an accused facing trial, holding that providing relevant material relied upon by the prose-cution is essential to ensuring a fair trial. Justice Shahzad Azeem passed the order while allowing a petition filed by Mohammad Ashraf Sheikh, who was represented by Advocate Imtiyaz Ahmad Sofi. The petitioner had challenged the trial court's order dated June 30, 2026, whereby his request for copies of documents and documentary evidence seized during investigation was declined.
The petitioner submitted that he had not been supplied the complete police report and other relevant docum-ents relied upon by the prosecution, thereby hampering his ability to effectively cross-examine prosec-ution witnesses and defend himself during trial.
The High Court observed that the primary purpose of supplying documents filed with the police report is to uphold the principles of natural justice and guarantee the accused a fair trial under Article 21 of the Constitution. It noted that Section 230 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, mandates supply of the police report and other relevant documents to the accused free of cost, while permitting only inspection where the record is genuinely voluminous.
Justice Azeem held that the trial court could not insist that the accused obtain certified copies of the relevant record, observing that such a course was beyond its jurisdiction. The Court said that even if the petitioner's application lacked specificity, the trial court ought not to have rejected it on vague grounds without ensuring compliance with the statutory requirement of supplying relevant material.
Setting aside the impugned order, the High Court directed the trial court to furnish the relevant documents or records, including in electronic form wherever necessary, after the petitioner files a fresh application specifying the documents required for preparing his defence. The petition and the connected application were accordingly disposed of.
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