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Supreme Court of India 2022-11-07 dismissed

P. PONNUSAMY vs THE STATE OF TAMIL NADU

Bench: 3 — Uday Umesh Lalit, S. Ravindra Bhat, Bela M. Trivedi

In Brief

The Supreme Court dismissed an appeal by a death-sentenced prisoner who sought production of documents from the investigating officer at the appellate stage, relying on the Draft Rules of Criminal Practice, 2021. The Court clarified that while the constitutional right to fair disclosure of non-relied-upon materials is recognized and applies at the trial stage, it cannot be invoked to delay appellate proceedings. The Draft Rules apply during investigation and trial, not at appeal. The appellant's late request for documents, made after the hearing was set for final disposal despite repeated opportunities to seek relief earlier through proper procedures, was rejected as a dilatory tactic. The Court affirmed that concern for trial delay cannot be compromised by last-minute disclosure demands at the appellate stage."

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Criminal Procedure Right to Fair Trial Evidence Disclosure Death Penalty Criminal Rules of Practice

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