How Rs. 79 Crore Budget Approved For Hybrid Hearing Infra Without Consulting Experts?: High Court Asks Delhi Govt

The Delhi High Court on Thursday 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. 

"We find this rather curious. Without involvement of experts, we fail to appreciate as to how the revised estimate was prepared by PWD and put up for approval and was even approved by the finance minister," Justice Vipin Sanghi and Justice Jasmeet Singh recorded in the order.

The Court added that though the government should scrutinize the proposals which involve expenditure of public money and should make an endeavour to save wherever possible, the same should be done with due application of mind keeping in view all the aspects.

The Court 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.

The Court 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.

The Court said that the said response must be duly submitted based on opinion of an expert from the relevant field.

During the course of hearing, Advocate Shadaan Farasat appearing for the Delhi Government apprised the Court that a meeting is scheduled to be held on October 29 involving Additional Chief Secretary and representatives of all forums. 

It was therefore submitted that it will place on record the steps to initiate hybrid hearings in the quasi judicial bodies and other forums pursuant to the meeting.

"Let the outcome of the meeting be placed in the status report," the Court directed.

Earlier, the Centre was asked to file a status report regarding the quasi judicial bodies falling under their purview with respect to the hybrid hearing facilities. 

During the hearing, Standing counsel for Centre Anil Soni submitted that the status report could not be filed due to some miscommunication with the Ministry.

On this, Justice Sanghi orally remarked thus:

"It's been quite some time. We have repeatedly been giving time to you for filing affidavit. Unfortunately it has become the norm now. Unless we take some strict action, nothing is done. We are taken for granted. Make sure this is done otherwise let the secretary remain present in the next hearing."

Accordingly, the Court also directed the Centre to file a status report in the matter.

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