Revised Budgetary Allocation Of 79 Crores Approved For Providing Hybrid Hearings Infrastructure For District Courts: Delhi Govt Informs High Court

The Delhi Government on Tuesday informed the Delhi High Court that a revised estimate and budgetary allocation of Rs. 79 Crores has been approved by it's Finance Department for providing infrastructure and other facilities for hybrid hearings in district courts in the national capital. 

Justice Vipin Sanghi and Justice Jasmeet Singh directed the Delhi Government to file a fresh status report highlighting details of the software, hardware or other items which are covered in the budget allocation. The Court also added that those items not included should clearly be highlighted.

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.

Advocate Shadab Farasat appearing for the Delhi Government apprised the Court that a total of Rs. 79,48,06,555 revised proposal was prepared by PWD department which was accordingly approved by the Finance Department.

"The status report should also contain chart showing the items which were posed in preliminary estimate and the items which are approved. Those items not included should clearly be highlighted," the Court said directing the status report to be filed within three days with an advance copy to be given to the petitioner.

Advocate Farasat also apprised the Court that with regards to State and District Commissions and Consumer fora, bids have been invited and the same is under process. He also submitted that the process will be completed and hybrid system in such Courts will be fully operationalized within a period of two months.

With respect to other quasi judicial bodies, Farasat submitted that the Delhi Government has identified a total of 19 bodies out of the total 69 mentioned in the list of the petitioner which needs hybrid hearings infrastructure.

The Court therefore directed the Delhi Government to file an affidavit indicating implementation of the same in the month of December.

During the course of hearing, Farasat also submitted that some of the labour courts and industrial tribunals, being one room offices, do not require hybrid hearing system and that virtual hearing facility is enough in such courts.

However, with regards to the quasi judicial bodies falling under the purview of the Centre, it was submitted that the details may be sought by the Union of India regarding development in such Courts.

On this, Anil Soni, counsel appearing for the Centre submitted that instructions will be sought by him regarding the progress made in the matter so far.

"You are caught sleeping. You don't need anything it seems. This isn't going to be accepted. There are forums like NCLAT etc which is within your purview. You have to look at them and provide for them," Justice Sanghi orally remarked.

Accordingly, the Court directed Centre to file an affidavit by some efficient secretary of the concerned Ministry disclosing steps taken or which will be taken for providing hybrid hearings facilites in tribunals that fall within its domain.

The matter will now be heard on October 18.

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