The Allahabad high court has directed the high court registry to avoid using terms such as “court below” and “lower court” in official records and procedures.
Noting that these phrases do not represent the correct legal terminology, Justice Abdul Shahid ordered while deciding a criminal appeal that official records must use the term “trial court” or refer directly to the concerned designated court.
In this regard, the bench in its judgment dated April 24 referred to the Supreme Court’s 2024 verdict which stressed that describing any court as a “Lower Court” was against the ethos of the Constitution.
The Supreme Court had observed, “It will be appropriate if the Registry of this Court stops referring to the Trial Courts as ‘Lower Courts’. Even the record of the Trial Court should not be referred to as Lower Court Record (LCR).”
“Instead, it should be referred to as the Trial Court Record (TCR). The Registrar (Judicial) to take a note of this order. A copy of this order be sent to him.”
“In view of the aforesaid order passed by the Supreme Court, the terminology ‘court below’ may be replaced with ‘trial court’ or the concerned court, as in the present case, is the special court under the SC/ST Act,” Justice Shahid added.
The high court was essentially dealing with a plea challenging a summoning order as well as the entire criminal proceedings in a case registered under the SC/ST Act, 1989.
