It is necessary to have a copy of the order that is to be challenged in the high court. Otherwise, what will you challenge? And, how will the high court decide without even having a copy of the order being challenged?
In fact, usually it is insisted that you must provide a certified copy of the order of the lower court while challenging the same before the high court. But, sometimes, the high court may agree to hear you on the basis of the an ordinary (or uncertified) copy of the order of the lower court. However, at least some copy of the order of the lower court is necessary for filing an appeal.
I have seen sometimes advocates filing an appeal without attaching the copy of the order, with the hope that by the time the registry of the high court examines the appeal papers, the copy of the order of the lower court would become available which they then attach. It may save some time in urgent matters.
In some high profile matters or urgent matters, sometimes an advocate may make a mention before the high court that he is filing the appeal during the course of the day and that it may be heard immediately. The high court may sometimes give a concession and direct an immediate listing.
All said and done, at the time of hearing of the appeal, it is necessary that the order of the lower court should be before the high court, whether it is a certified copy or an uncertified copy (if permitted by the high court).
As an aside, generally, the punishment awarded in a corruption case (under the Prevention of Corruption Act, 1988) is less than 3 years, and the Special Judge has the power to grant bail under Section 389 of Cr.P.C. in such cases after convicting the accused. So, why don’t you try that?
Meanwhile, you can keep your appeal ready if you have already heard the order being dictated in the open court; so that if the punishment is more than 3 years, then you immediately file the appeal before high court as soon as possible; of course, in such a situation, the accused may have to remain in jail at least for some time since the Special Judge will not have the power to grant bail where the punishment awarded is more than 3 years.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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