Karnataka High Court Issues Notice On Plea Against Rule Permitting Destruction Of High Court Records After 5 Years

The Karnataka High Court on Monday (March 3) issued notice to the Registry of High Court and others on a petition seeking to quash the amendment made to High Court Rules which permits destruction of records available in the high court after five years.

A division bench of Chief Justice N V Anajaria and Justice M I Arun issued notice on the petition filed by Advocate N P Amruthesh who has sought to quash the amendment made to Rule 3 of the High Court of Karnataka Rules 1959.

It said “The court is aware that the issue raised is to be decided on the administrative side. However, in order to arrive at an appropriate conclusion in respect of the case of petition, notice is issued to respondents and assist the court in the course of the hearing.”

Accordingly it directed “Notice returnable on March 19, on that date R1 (Registry) shall put up the necessary facts in relation to dealing with the records, which are otherwise to be destroyed at the end of 5 years". 

Counsel for the petitioner informed the court that the High Court, also like the Supreme Court, is a court of record, under Article 215 of the Constitution of India. The Supreme Court under Article 129 of the Constitution has framed rules which preserve the record permanently, the counsel said. 

However, the Rule 2 and 3 of Karnataka High Court Rules permits the destruction of records at the expiry of a period of 30 years and 5 years respectively. It was argued this is not only counters the purpose but is inconsistent with the concept that the High Court is court of record and these records have to be preserved permanently for larger "administration of justice"others on a petition seeking to quash the amendment made to High Court Rules which permits destruction of records available in the high court after five years., more particularly when the decision in cases get delayed for various reasons.

The petitioner sought a stay of the rule by way of interim relief and that no destruction of records should take place. It was informed in the Bombay High Court, records since 1862  are still available.

However, the counsel for the Registry said as of now there is no destruction that is happening and submitted that on the next date it would give the entire details. It was also pointed out that there is a problem of storage of records.

The matter is listed on March 19. 

Case Title: N P Amruthesh AND High Court of Karnataka & Others

Case No: Wp 3121/2025