High Court Issues Directions To Implement Hybrid Courts Project, Directs Delhi Govt To Expedite Financial Sanction

The Delhi High Court has recently issued various directions for implementing the project for having hybrid hearing in the courts in the national capital.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora directed the Delhi Government to forthwith expedite the financial sanction in respect of all 691 courts as stated in preliminary estimate of approximately Rs. 387 crore.

The amount is as per the configuration approved by National Informatics Centre (NIC).

The court has directed that two pilot Courts be set up initially in each district, and in case the performance is found satisfactory, the project shall be implemented in all the Courts.

“In the interregnum period, PWD/GNCTD is directed to submit a preliminary estimate qua the components of networking, live streaming platform and data centre on priority so that the ICT equipments which will be installed in first phase can be put to their optimum use,” the court said.

It directed the Registrar General to consider the proposal in consultation with NIC and office or Chairman of IT & Digitization of Delhi District Courts.

The bench passed the order while dealing with a plea filed by Anil Kumar Hajelay, seeking 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 preliminary estimate or proposals received from the PWD were shared with NIC for their expert opinion. Several rounds of meeting were conducted amongst the stakeholders to deliberate on the configuration proposed by the PWD.

“NIC, in their expert opinion, approved the proposed configuration for hybrid Courts but also emphasized on deployment of networking component, live streaming platform and the data centre being the essential components of this project and recommended to cover the same in next phase of the project,” the bench noted.

The court was apprised that the office of Delhi Government's Principal Secretary (Law, Justice & LA) informed that the preliminary estimate was sent for seeking exemption from the Model code of conduct from the Election Commission of India in view of the ongoing Lok Sabha Elections.

The bench was informed that as soon as the request seeking relaxation is approved by ECI, the modified preliminary estimate shall be immediately processed and will be put up before the Competent Authority for obtaining Administrative Approval and Expenditure Sanction.

The counsel appearing for the High Court submitted that the project needs to be expedited as hybrid hearings have been made compulsory in the District Courts and compulsory e-filing has been mandated in all cases of Civil Jurisdiction as well as all Criminal Complaint cases.

The matter will now be heard on July 16.

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.

Counsel for Petitioners: Petitioner in person

Counsel for Respondent: Dr.Amit George, Advocate with Mr.Ankaneil Bhaumik and Mr.Adhishwar Suri, Advocates for R- 1 along with & Mr.Abhilash Malhotra (CPC); Mr.Anug Aggarwal, ASC with Ms.Arshya Singh, Mr.Aakash Dahiya, Mr.Yash Upadhyay, Mr.Siddhant Dutt and Ms.Mahak Rankawat, Advocates for R-2

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

Citation: 2024 LiveLaw (Del) 525

Click here to read order