Public Interest Litigation Highlights Victims' Counsel Challenges; Court Directs Administrative Consideration for Amendment to High Court Rules
In a significant development aimed at enhancing access to justice, the Allahabad High Court (Lucknow Bench) on November 3, 2026, addressed a Public Interest Litigation (PIL) petition seeking amendment of the Allahabad High Court Rules, 1952. The petitioner, Advocate Anupriya Agarwal, represented by Saksham Agarwal and others, urged the court to introduce a formal and effective mechanism for filing, registration, processing, and notification of caveats in criminal proceedings.
The petition highlighted the absence of any provision under Chapter XXII Rule 5 of the Allahabad High Court Rules, 1952, for filing caveats in criminal matters such as criminal revisions, criminal appeals, bail applications (including anticipatory bail), petitions under Sections 482 and 483 of the Criminal Procedure Code (Cr.P.C.), and petitions under Sections 528 and 529 of the Bharatiya Nyaya Sanhita, 2023 (BNSS). This lacuna, the petitioner argued, leaves victims' counsel at a disadvantage as they struggle to track ongoing criminal cases and effectively contest them, thereby impeding victims' statutory rights and fair procedure.
The Division Bench comprising Justices Rajan Roy and Manjive Shukla acknowledged the issue's importance, emphasizing that it pertains to access to justice and procedural facilitation, which are vital for the expeditious administration of criminal justice. Recognizing the essentially procedural nature of the matter, the court declined to issue a writ mandating immediate amendment but directed that the petitioner's representation to the Chief Justice of the Allahabad High Court be taken up on the administrative side for appropriate consideration.
The court thereby disposed of the petition with a clear indication that the High Court Rules would be reviewed to possibly incorporate a mechanism for caveats in criminal proceedings, enabling victims' counsel to receive timely notifications and participate more effectively in the criminal justice process.
This judgment underscores the judiciary's sensitivity towards victims' rights and the need for procedural reforms that ensure transparency and fairness in criminal cases.
Bottom Line:
Public Interest Litigation seeking amendment/supplementation of Allahabad High Court Rules, 1952 to provide mechanism for filing caveats in criminal matters - High Court held issue raised concerns access to justice and procedural facilitation - Petitioner's representation addressed to Hon'ble the Chief Justice directed to be considered by High Court on administrative side.
Statutory provision(s):
- Allahabad High Court Rules, 1952 Chapter XXII Rule 5
- Section 482 Cr.P.C. (Code of Criminal Procedure, 1973)
- Section 483 Cr.P.C. (Code of Criminal Procedure, 1973)
- Sections 528 and 529 Bharatiya Nyaya Sanhita, 2023 (BNSS)
Anupriya Agarwal v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 3014581
