In a significant step toward improving the quality of evidence in court proceedings, the Supreme Court of India has issued a directive to its Registry, stating that black and white photographs submitted as evidence will no longer be accepted without prior court approval. This order was passed by a bench consisting of Justice Surya Kant and Justice Ujjal Bhuyan while hearing a Special Leave Petition (SLP) in the case of Savita Rasiklal Mandan & Anr. vs. Union of India & Ors. (Diary No. 36435/2024).
The bench raised concerns over the increasing use of unclear and blurred black-and-white photocopies of photographs, which often fail to meet the necessary evidentiary standards. "For a long time, we have noticed that parties freely submit black and white photocopies of photographs, most of which are unclear," the Court observed, stressing that such submissions undermine the quality of evidence and can jeopardize fair decision-making.
Following this directive, the Supreme Court Registry is now required to strictly enforce the rule, ensuring that no black-and-white photographs are submitted without explicit permission from the Court.
The order was issued during a hearing concerning a property dispute in Diu, where petitioners Savita Rasiklal Mandan and another party challenged the measurements and amenities of an apartment allotted to them by local authorities. The petitioners, represented by advocates Ms. Aastha Mehta, Mr. Jawahar P. Purohit, Ms. Deeparwita Priyanka, and Ms. Prerana Monapatra, submitted a report from experts at the Sardar Vallabhbhai National Institute of Technology, Surat, which contradicted the government's measurements. Meanwhile, the respondents were represented by Mr. Shashwat Parihar and Mr. Shreekant Neelappa Terdal.
The Court, leaning towards the independent expert report, decided to form a joint team for a fresh set of measurements of the disputed property. This team will include Dr. Atul K. Desai from the same institute, along with two government engineers who were previously involved in the case. The team has been directed to ensure full transparency, including video documentation of the entire process.
Additionally, the Court instructed the Collector of Diu to cover the honorarium and travel expenses for Dr. Desai’s participation in both the initial and upcoming site visits. The next hearing is scheduled for September 30, 2024, and all interim orders will remain in effect until then.
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