Delhi High Court Directs NIC To Develop Software For Uploading Names Of Proclaimed Offenders On Online Portal

The Delhi High Court recently issued a slew of directions for implementing the project of uploading names and other details of proclaimed offenders and proclaimed persons on an online user-friendly portal.

Justice Talwant Singh, who retired last month, in the order dated May 25 directed the National Informatics Centre (NIC) to develop the necessary software and provide requisite infrastructure, web space and search facilities for the data, for implementing the project.

The court ordered that the same be done under the guidance of a court-appointed monitoring committee which is chaired by Principal District and Sessions Judge (Headquarter).

Justice Singh passed the order after hearing all the stakeholders and after going through the report of Senior Advocate Arun Mohan, who has been appointed as Amicus Curiae, as well as minutes of the meetings of the committee.

The court directed the Director/In-charge of Inter-Operational Criminal Justice System (ICJS) to also coordinate with the monitoring committee and ensure that all possible technical and tactical support is provided for the project.

“Initially the data regarding proclaimed offenders/proclaimed persons be uploaded on the internal servers and the same should be accessible only to authorised persons, till the data is checked, re-checked and verified by the stakeholders and thereafter the same may be uploaded on the public platform to be developed by NIC for Delhi District Courts,” the court said.

It added that only the data of proclaimed offenders or persons in cases registered by the Delhi Police and those named in private complaint filed directly in the District Courts may be uploaded.

Regarding the data of those named in case or complaints registered by law enforcement agencies, like CBI and ED, the court said that the same may be uploaded after a gap of at least six months, subject to the final decision of the monitoring committee.

Justice Singh also ordered that a centralised cell must be established at Headquarter level of the Delhi Police.

In the meantime, Delhi Police (Headquarter) shall assess the manpower required to man that Cell and shall take up the issue of additional manpower with relevant authorities, the court said.

It also added that the Delhi Police shall be responsible for uploading of the data regarding the cases registered by them. On the other hand, the District Courts shall be responsible for uploading of data in cases where criminal complaints are directly lodged in the courts.

“The monitoring committee must devise a method for up-dation of the data in cases where the proclaimed offenders/proclaimed persons have appeared in the Court and the purpose of issuing the proclamation stands satisfied,” the court said.

As the court directed the monitoring committee to continue to meet periodically and monitor the implementation of its earlier orders, it ordered: “The Monitoring Committee under the chairmanship of learned Principal District and Sessions Judge (Headquarters) shall submit its report after every three months before this Court and the next date of hearing in the matter is now fixed on 06.09.2023.”

Justice Singh also appreciated Amicus Curiae for “graciously agreeing” to provide all help to the Monitoring Committee, Delhi Police, Delhi District Courts and other stakeholders for implementing the project.

“The report submitted by learned Amicus Curiae shall form the basis of implementing the project and all positive suggestions made by stakeholders be also considered by the Monitoring Committee from time to time,” the court added.

Case Title: NEETU SINGH v. STATE OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 554

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