High Court Asks Delhi Govt To Implement Hybrid Courts Project On Priority Basis, Says No Cabinet Approval Required

The Delhi High Court has recently directed the Delhi Government to expedite grant of financial sanction of Rs. 387 crores and to implement on priority basis the project for having hybrid hearing in the 691 Courts in the national capital.

A division bench comprising of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela clarified that a comprehensive tender for all the district courts, including pilot courts, shall be floated.

“Since the expenditure involved for hybrid hearing is less than Rs.500 crores and the policy of hybrid hearing has already been implemented in the High Court of Delhi by the GNCTD, this Court is of the view that Clause 9 of the Schedule is not attracted and no mandatory cabinet approval is required,” the court said.

It added that the matter brooks no delay as technology becomes obsolete very fast.

Furthermore, the court permitted the Delhi Government to initially set up two pilot Courts per Court complex.

It accordingly modified an order passed on April 29 directing that two pilot Courts be set up initially in each district.

“However, the choice of the two pilot Courts shall be decided by the Registrar General, Delhi High Court. The order dated 29th April, 2024 stands modified to that extent,” the court said.

The matter will now be heard on September 30.

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

“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

Citation: 2024 LiveLaw (Del) 801

Click here to read order