In Kerala, a person, who is not a party to a criminal case (a “stranger”), is not entitled to obtain case files or records as a matter of right. However, the court may grant access at its discretion based on a formal, reasoned application. In doing so, the court must balance the need for judicial transparency against concerns regarding privacy and potential misuse.
In Shone George v. Union of India & Anr. [2025:KER:66503], the Kerala High Court observed that as per Rule 226 of the Criminal Rules of Practice, Kerala, the applicant has to file a duly verified Petition, setting forth the purpose for which the copy is required, and the Court is bound to pass an Order on that Petition, except when the application is for certified copy of a Judgment.
Procedure for a Stranger to Obtain Case Files
A person who is not a party to the proceedings must follow the procedure outlined in Rule 226 of the Criminal Rules of Practice, Kerala:
The applicant must file a verified petition to the concerned court. The petition must clearly state the specific purpose for which the copies are required.
The court has a duty to evaluate whether the application is bona fide. It must ensure that granting access does not infringe upon the privacy of the parties involved or lead to an abuse of the court process.
The Requirement for a Reasoned Order
The court must pass a reasoned judicial order either allowing or rejecting the application. It cannot grant or deny copies in a mechanical or cryptic manner. Access to documents, depositions, or other parts of the case record is strictly subject to an enabling order from the court.
Notably, charge sheets and their accompanying documents are generally not considered “public documents” under the Indian Evidence Act. Access is typically restricted before the trial begins to protect the integrity of the investigation and the privacy of the individuals involved.
However, copies of judgments and final orders are generally accessible to any person upon payment of the prescribed fees.
RTI Act vs. High Court Rules
Information or documents related to judicial proceedings generally cannot be sought under the Right to Information (RTI) Act in Kerala. Because the High Court has established its own specific Rules of Practice for providing certified copies, those rules take precedence over the RTI Act.
In Conclusion
While the principle of “open courts” allows public access to final judgments, access to broader case files by a stranger remains a controlled process. This ensures a delicate balance between public interest and the protection of private legal data.
Reference
- Criminal Rules of Practice in Kerala, 1982
