Apprehension Of Increasing Covid Cases; Hybrid Hearing Infrastructure In District Courts, Quasi Judicial Bodies Must Be In Place: Delhi High Court

Expressing its apprehension on the increasing number of Covid 19 cases, the Delhi High Court on Tuesday observed that the system of infrastructure for conducting hybrid hearings in district courts and other quasi judicial bodies in the city must be in place in case the situation so arises.

A bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh was hearing a plea stating that Delhi's Subordinate Courts and Quasi Judicial bodies must hold hybrid hearings for the benefit of counsels who suffer from co-morbidities and are unable to appear before the Court physically, due to Covid-19.

"Our anxiety is the same. Again there is an apprehension that there may be an increase in the number of cases again. The apprehension is that by that time, everything should be in place. It has to be done on a quicker footing. It can't take so long,' remarked Justice Singh.

Earlier, the Court had questioned as to how the revised estimate of over Rs. 79 crores was approved by the Delhi Government for providing infrastructure and other facilities for hybrid hearings in district courts in the national capital, without the involvement of experts. 

During the course of hearing today, Advocate Shadaan Faraasat appearing for the Delhi Government submitted that with regards to the aspect of the IT department of GNCTD not approving the estimate, meetings have been scheduled to be held today and tomorrow.

The Court took on record his assurance that the Delhi Government will come up with a detailed report on the said meetings.

Accordingly, the Court granted further time to the Delhi Government as well as the High Court to file status report in compliance of its earlier order within three weeks.

The Court had earlier directed the Registrar General of the High Court to respond to the revised estimate prepared by PWD. The Court also added that the response must specifically state as to whether the revised specifications are enough to conduct proceedings in hybrid mode.

Farasat also apprised the Court that another meeting is scheduled to be held today comprising of the Additional Chief Secretary of the GNCTD wherein it will be estimated as to what quasi judicial bodies need hybrid hearing facilities and those qua which the facility will not be provided.

While seeking status report on the aforesaid aspect as well, the Court listed the matter for hearing on December 13.

Earlier, observing that citizens' right of access to justice has been gravely hampered due to the ongoing Covid-19 pandemic, the Court directed the Delhi Government to take expeditious steps for providing infrastructure and other facilities for hybrid hearings in district courts and quasi-judicial bodies.

It also clarified that in case the said proposal is turned down by the Delhi Government, it will place before the Court complete statement of expenditure incurred by it April 1, 2020 onwards, on the grant of subsidies and public advertisements. 

"Access to justice is the right which is available to all citizens and on account of ongoing pandemic, the same has been gravely hampered. The district courts as well as consumer forums/ tribunals are not being able to function efficiently due to lack of infrastructure and other facilities. The arrears of cases are mounting, people have to wait for redressal of their grievances," the bench had said.

Case Title: ANIL KUMAR HAJELAY & ORS. v. HON'BLE HIGH COURT OF DELHI