Delhi High Court Directs City's Subordinate Courts To Strictly Adhere To Full Court's Directions Permitting Hybrid/ VC Hearings At Parties' Request

The Delhi High Court on Thursday directed all the city's subordinate courts to strictly adhere and comply to the directions passed by its Full Court permitting them to allow hybrid or video conferencing facility at the request of parties.

Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with a plea concerning the issue of district courts not permitting hybrid hearings despite the directions of the Full Court.

The application was filed by Anil Kumar Hajelay, original petitioner in the 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 was of the view that when there is an order of the Full Court, the judicial officers are bound to follow the same.

"We make it clear that all subordinate courts falling in all districts of Delhi are bound to comply with the same (Full Court order)," the bench ordered.

It added that the judicial officer cannot deny a request for a hybrid hearing and directed all subordinate courts to adhere to the orders till they remain in force.

In the previous course of hearing in the petition, expressing its apprehension on the increasing number of Covid-19 cases, the Court had 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.

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