Adoption Of Technology By Courts Not A Matter Of Choice, It's An Obligation: Kerala HC Asks Govt To Assist KAT Earnakulam To Introduce Hybrid Mode

Justice Devan Ramachandran observed thus:

“There can be no doubt, going by the afore rival positions – which, in fact, are not rival but virtually supplementing each other – that adoption of technology by Courts is not one as a matter of choice, but is now more an obligation, going by the requirements of time and the directions of the Honourable Supreme Court.”

The Kerala Administrative Tribunal Ernakulam Advocates Association (KATEAA) approached the Court for implementation of hearings in ‘Hybrid Mode’ in KAT, Ernakulam as directed by the Supreme Court of India.

The Counsel for the Petitioners, Advocate Elvin Peter P.J. argued that, KAT, Ernakulam cannot shy away from effecting electronic means for case disposals in the light of the directions issued by the Apex Court. He stated that representations have been submitted to the Secretaries of Department of Law and Department of Electronics and information Technology and decisions will have to be taken after consulting with the Chairman of KAT, Ernakulam.

Advocate P Gopal, Counsel for KAT, Ernakulam submitted that they are aware of the advantages of introducing Hybrid Mode for disposal of cases. But he contended that Hybrid Mode cannot be implemented on its own but requires support and assistance from the Government and other stakeholders. He submitted that the Court can issue appropriate orders to the respondents as actions cannot be taken without support from the Government and its functionaries.

Government Pleader Sunil Kumar Kuriakose submitted to the Court that the Government was ready to provide assistance to all Courts including the Tribunals for adopting technological means as mandated by the Supreme Court.

The Court noted that KAT Ernakulam needed support from the Government and other stakeholders for establishment of systems required for Hybrid Mode, it noted thus:

“'KAT' cannot take a decision on their own unilaterally, since the support for establishment of the systems and its running, will certainly have to be borne and offered by the Government of Kerala at the appropriate level.”

On the basis of the above observations, the Court disposed the matter by issuing the following directions:

1. Competent government authority will consult the Chairman of KAT, Ernakulam and they would take a decision upon the representations submitted by the petitioners within a period of one month,
2. The State shall arrange for all necessary infrastructure and facilities for KAT Ernakulam to embrace the technology for its hearing and disposal of cases.

Counsel for the Petitioners: Advocates Elvin Peter P.J., K.R.Ganesh, Gouri Balagopal, Abhijith.K.Anirudhan, Sreelekshmi A.S.

Counsel for the respondents: Government Pleader Sunil K Kuriakose

Citation: 2023 LiveLaw (Ker) 507

Case title: The Kerala Administrative Tribunal Ernakulam Advocates Association V State of Kerala

Case number: WP(C) NO. 24568 OF 2023

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