Correct format of a custody certificate should be circulated to the concerned jail authorities: SC directs Uttar Pradesh

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The Supreme Court on Friday directed the state of Uttar Pradesh to have a correct format of a custody certificate which should be circulated to the concerned jail authorities and henceforth in all cases custody certificate should be filed in that format.

While passing this direction a bench of Justices SK Kaul and MM Sundresh said,

"We are not satisfied with the affidavit filed by the State of Uttar Pradesh simply for the reason that this is not the format in which a custody certificate should be filed. The custody certificate should be clear in its terms as to the period undergone by the dentenue."

The court was hearing an appeal filed by one Shankar Khatik in which it had asked the state to submit a certificate showing the period undergone by the petitioner. Accordingly, the Court went on to order,

"In the present case also the custody certificate should be filed in that format."

In conclusion the bench said,

"Let proper custody certificate be filed along with an affidavit affirming that the necessary communications have been sent to the jail authorities sending appropriate format for custody certificate."

Cause Title: SHANKAR KHATIK v THE STATE OF UTTAR PRADESH