SC flags 'for dismissal' tag in Andhra HC cause list in 16-year-old case

The Supreme Court has taken exception to the Andhra Pradesh High Court's use of the caption 'for dismissal' in a cause list, observing that such labelling is improper, particularly in criminal cases.

A Bench of Justices Ujjal Bhuyan and Alok Aradhe was hearing an appeal from K. Ravi, who was convicted in connection with a stabbing incident that followed a local election in Tirupati district in October 2010. While the FIR named Ravi as one of the knife-wielders, the chargesheet later described his role as that of an instigator.

The trial court sentenced him to two years in prison, and the High Court dismissed his revision petition on merits in December last year. In his appeal before the Supreme Court, Ravi's counsel, Sriram Parakkat, argued that the conviction was unsafe because the prosecution had materially altered the specific role attributed to his client, casting doubt on his actual involvement.

However, the Supreme Court's attention was drawn not to the merits of the 88-page appeal, but to the two-word caption under which the case had been listed in the High Court. The Bench noted that the matter was listed 'for dismissal' even before the formal pronouncement of the order.

"Listing of a case under such a caption itself indicates that a decision has already been taken before actual pronouncement of the order. This is not proper, more particularly in criminal matters," the Bench observed.

The court has issued notice to the State of Andhra Pradesh and posted the matter for hearing on October 29.