4.
Violations of Natural Justice and the Right of Due Process
If the Government were compelled to declare its stance on public documents in writing, it would
mitigate the risk of such surprises. Defendants would have a clearer understanding of the
Government’s objections, enabling them to prepare an adequate defence. Furthermore, requiring
the Government to state its objections in writing would impose a degree of accountability, compelling
them to provide at least a minimal rationale for their challenges. At present, the Government often
avoids supplying any justification for its objections, further exacerbating the procedural imbalance.
Incorporating an admission and denial stage would enhance procedural fairness by ensuring
transparency and reducing the scope for ambush tactics. It would align the FT procedures with the
broader principles of fair trial rights enshrined in Indian law. Moreover, this reform would ensure that
challenges to documents, particularly public records, are raised in a timely and justified manner,
safeguarding the defendants’ ability to adequately respond.
4.2.7
Marking Documents as Exhibits: Admissibility Stage
Under ordinary civil procedure, after filing the written statement, original or certified copies of
attached documents must be submitted to form part of the judicial record.335 Judges then mark these
as exhibits, signalling their admission into evidence pending proof. At this stage, the opposing party
may object to a document’s admissibility.336
Objections fall into two categories:
●
Ab initio inadmissibility: where the document is inherently inadmissible under the law.
●
Mode of proof: where there are irregularities in how the document was proved (e.g., presenting
108
an uncertified copy when certification is required).337
This distinction matters because objections regarding the mode of proof must be raised when the
document is marked as an exhibit. If not, the right to object is waived, as such defects are curable.
The rule of fair play ensures that timely objections allow the submitting party a chance to remedy
deficiencies, such as by providing alternate proof.338 Once waived, the document is treated as
admissible evidence.339
In the FTs, this process is routinely ignored. Lawyers report that members raise objections late in
the proceedings, with documents being disregarded even when no timely objection was made. This
undermines procedural fairness and departs from principles applied in ordinary courts. The Gauhati
High Court has mostly endorsed this deviation—explicitly or implicitly—by failing to intervene or
affirming tribunal orders, thereby lending legitimacy to these flawed practices.
335
Code of Civil Procedure 1908, Order XIII Rule 4.
Sudir Engineering Co. v. Nitco Roadways Ltd. 1995 SCC OnLine Del 251 [14], [15].
337
RVE Venkatachala Gounder v. Arulmigu Visweswaraswami (2003) 8 SCC 752 [20].
338
Gopal Das v. Sri Thakurji 1943 SCC OnLine PC 2 [19]; Bipin Shantilal Panchal v. State of Gujarat (2001) 3 SCC 1 [13]-[15];
Hemendra Rasiklal Ghia v. Subodh Mody 2008 SCC OnLine Bom 1017 [76].
339
Dayamathi Bhai v. K.M Shaffi (2004) 7 SCC 107 [13], [15].
336
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents