Delhi High Court Seeks Report From District Judges Over Compliance Of Its Order To Permit Hybrid Hearings At Parties' Request

The Delhi High Court on Monday called for a report from all the district judges, disclosing the details of the courts which were not complying with its direction to allow hybrid or video conferencing facility at the request of parties.

The Division Bench comprising Justice Vipin Sanghi and Justice Jasmeet Singh was 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.

It was pointed out that district courts are not permitting hybrid hearings despite the directions of the Full Court.

Hajelay had stated that one of his personal matter was dismissed for non-prosecution by a Metropolitan Magistrate in Patiala House Courts after a request for virtual hearing was made by him. He alleged that despite repeated emails and communication made to the Court staff, no adequate response was received resulting to his non-appearance and dismissal of the matter.

Issuing notice on the application, the Court directed the concerned Metropolitan Magistrate to respond to the application.

Further, observing that the aforesaid conduct was a clear and direct contempt of the orders, the Bench directed the subordinate judges to disclose the details of the courts which were not complying with the directions that hybrid hearings should also be permitted, within a period of two weeks.

The Court also issued notice on an impleadment application moved through Advocate Mukesh Kumar who submitted that despite repeated requests, most of the quasi judicial bodies including labour courts, other courts handling revenue matters and State offices were not permitting hybrid hearings, resulting in non-appearances.

The development came after the Court had last month said that when there was an order of the Full Court permitting subordinate courts to allow hybrid or video conferencing facility at the request of parties, the judicial officers were bound to follow the same.

In the earlier course of hearings, expressing its apprehension on the increasing number of Covid-19 cases, the Court had observed that the system of infrastructure for conducting hybrid hearings in district courts and other quasi judicial bodies in the city must be in place in case the situation so arises.

Earlier, 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.

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