Not Sufficiently Equipped On Judicial Side To Keep Tabs On Lower Courts For Promptly Uploading Daily Orders: Calcutta High Court

The Calcutta High Court has recently dismissed a plea seeking a direction to the administrative wing of the Court to ensure that daily orders of both civil and criminal courts under its supervision are promptly uploaded on its E-Courts server.

The bench of Justice Sabyasachi Bhattacharya said the Court is not sufficiently equipped to grant such relief. It however granted liberty to the petitioner to agitate the issue on the administrative side or in a PIL.

"This Court, in its judicial capacity, is not sufficiently equipped to keep a tab on the uploading status of each and every civil and criminal court under the supervision of the High Court. In the event the petitioner has any particular instance of difficulty on such score, it will be open to the petitioner to approach the Registrar General or this Court, in its administrative capacity, to deal with such issue. The petitioner will also be at liberty, if necessary, to approach the concerned civil and criminal court, if need so arises, ventilating such grievance to the said authority. That apart, the petitioner will be at liberty to file a public interest litigation if the petitioner makes out a sufficient case for such exercise of power by the appropriate Division Bench. If so filed, nothing in this order shall influence or prejudice the rights of the petitioner in any manner whatsoever."

The petitioner, a law clerk had sought directions for the High Court to monitor the uploading status of orders passed by various district courts and tribunals. The plea had also sought that the petitioner and “all other concerned” be apprised of the same.

On an earlier occasion, the Bench had directed for the Registrar-General of the High Court to file a report in this regard, and upon perusal of the report, the Bench opined that, while the petitioner could not be turned away on the question of locus standi, the reliefs sought could only be obtained through a public interest litigation.

It concluded:

It has to be kept in mind that the petitioner does not have any locus standi to call for an answer as to the uploading status of each and every Tribunal in the State. Although the cause of action is personal, this Court granted some liberty to the petitioner to have due information regarding the general uploading status in the State, since a litigant ought not to be turned away merely on the technical ground of locus standi.

However, it was found that the submissions made by the petitioner are tantamount to reliefs which can only be granted within the domain of public interest litigation. In any event, the prayer made in the writ petition cannot be implemented regularly.

Case: Payel Paul Adhikary v Union Of India And Ors

Coram: Justice Sabyasachi Bhattacharya

Citation: 2023 LiveLaw (Cal) 246

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