"Right Of Access To Justice Gravely Hampered Due To Pandemic; Take Expeditious Steps For Hybrid Courts Infrastructure": High Court To Delhi Govt

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

Justice Vipin Sanghi and Justice Jasmeet Singh 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 onwards, on the grant of subsidies and public advertisements. 

"This is a bullet that they would have to bite. In our view, it is only the matter of prioritizing the expenditure that government has to incur on several of its activities. We are mindful of the fact that there is a huge ambit of expenditure in not only providing subsidies but also on advertising. The expenditure that the present proposal requires would only be a fraction of the same," observed the bench. 

"We know what will make the government work. We know which nerve to press. And therefore we have made it conditional. In case you turn it down, then we want to know how much you're spending on what," Justice Vipin Sanghi remarked orally.

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.

"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," added the bench.

Further observing that there was no scientific report to suggest that the Covid-19 pandemic is about to end in the coming days, the bench said:

"We are in for a long haul and hearing of cases through online mode may have to be resorted to for an indefinite period of time before we're able to resume full physical functioning of Courts."

Earlier the Court had expressed its displeasure at the manner in which the Delhi Government had been dealing with the issue of providing infrastructure for virtual hearings in such Courts. 

During the course of hearing on Monday, the Principal Secretary (Law), Principal Secretary (Food & Supplies Department) and the Principal Secretary (Finance) were also present as per the directions given in the previous order.

Justice Sanghi orally remarked "When are you doing this? We don't want this to be shuttled around like a shuttle cock. We need this system as the pandemic is not ending soon. Otherwise the whole system will collapse. District Courts will not be able to cope up with work. This has to be prioritised. Don't consider it as a wasteful expenditure. This has to be provided."

On the question raised by the bench regarding timelines of the proposal in question, Mr. Sanjay Aggarwal, Principal Secretary (Law) apprised the bench that the development depends on how the files are processed by the departments and that immediate steps were taken after getting the approval of the High Court regarding uniting machines into action for providing hybrid hearing infrastructure and facilities.  

"This is not a wasteful expenditure. It's not an entertainment expenditure or a luxury. It's a necessity in today's time. Access to court and justice is absolutely essential. It is a right that every citizen has. There is a problem because of pandemic, courts can't function in a normal way. We have to adopt technology. High Court has done it but district courts are in a bad shape. We need to ensure that district courts and quasi judicial bodies must have the system. You'll have to make the expenditure. No hesitation must be there on your part. Please realize this," Justice Sanghi orally remarked.

On the other hand, Advocate Shadan Farasat appearing for GNCTD suggested that since the exercise involves an inter-departmental expenditure, it would be appropriate it the Chief Secretary is directed to conduct a meeting and take action within a time bound manner in view of the fact that he has access to all government levels.

Taking note of the fact that over 10 days have elapsed and neither of the principal secretaries were in a position to tell about the status of discussion within the departments concerned, the Court told the Delhi Government that there must be no delay in the matter.

"Therefore in our view, the GNCTD cannot be seeing to be tethering in providing necessary infrastructure and facilities for functioning of hybrid courts," the bench observed.

Accordingly, the matter was adjourned to October 5.

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