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E-Filing Not A Stop Gap Arrangement Due To Pandemic; A Step To Modernize Judiciary : Justice Chandrachud
Mehal Jain
1 Jan 2022 7:27 PM IST
"I do hope members of Judiciary encourage members of Bar to adopt e-filing as the standard practice & they do so by adopting e-filing themselves. The change for Judges & lawyers is the change in the mind. Once we change our mental attitude & perception, the other parts of technology will follow suit. It is important for everyone to remember that the adoption of e-filing should not...
"I do hope members of Judiciary encourage members of Bar to adopt e-filing as the standard practice & they do so by adopting e-filing themselves. The change for Judges & lawyers is the change in the mind. Once we change our mental attitude & perception, the other parts of technology will follow suit. It is important for everyone to remember that the adoption of e-filing should not be seen as a stop-gap measure due to the pandemic, that really precipitated this measure. This is an important stepping stone for the future of a modern Indian judiciary," said Justice D. Y. Chandrachud on Saturday.
The Supreme Court judge was speaking at the event organised by the Kerala High Court for the inauguration of e-filing, paperless court and e-office. The programme was also attended by Kerala Chief Minister Pinarayi Vijayan(virtually) and the Chief Justice of Kerala High Court Justice S Manikumar. Justice Raja Vijayaraghavan, judge of the Kerala High Court, gave a digital presentation of the implementation of e-filing and paperless court systems in Kerala courts.
Justice Chandrachud, who is also the Chairperson of the E-Committee of the Supreme Court, stated that initiatives such as these represent building blocks in our concerted efforts to digitise and modernise Indian judiciary- "Our initiatives today in the Kerala High Court emphasise the need to deliver e-services to doorstep to all citizens. In other words, court is yet another service provided to citizens, these initiatives are another step in decentralisation of justice".
He said that these efforts have been ongoing for many years, ever since phase 1 of the E-Courts Project was started, and as the E-committee prepares to enter into phase 3, it furthers his conviction that it will be a success.
"Permitting e-filing has numerous benefits. It reduces the burden of travel faced by litigants and members of the Bar, providing the comfort of filing them from homes or offices. E-filing also makes it accessible to those with visual disabilities as they may now be able to access them through screen reading software," remarked Justice Chandrachud.
The judge discussed that e-filing has multiple benefits for the Judiciary also since the judges can access documents on their laptops and would not have to rely on physical files. "On a personal note, I have stopped using physical files since virtual hearing started last year. E-filing also help in the operation of smooth hearings in courts. If both lawyers & judges are using the same e-file, it makes hearings more efficient as navigation through documents becomes easier. And I can assure my fellow judges that there is no going back. I make all my notes of hearings in the one-note software. While the initial shock of reading long documents on devices may be harsh, I implore everyone to stick to the practice", encouraged Justice Chandrachud.
The judge expressed that it is important to acknowledge that not everyone may have a technological apparatus, a high-speed internet or necessary digital literacy to conduct e-filing, and therefore, hand in hand, computer literacy for all advocates must be ensured.
"Kerala is a remarkable example in our country in terms of the spread of literacy & education. I believe hand in hand with our initiatives, we must ensure computer literacy for all advocates and litigants who come to our courts. Hence, necessary public services should be made available for e-filing along with necessary guidelines. At the e-committee, we have been encouraging all states to have e-seva kendras", said Justice Chandrachud.
He underlined that it is important to remember that the battle is only half won with the introduction of these services, and that it is important to incentivise litigants and lawyers to utilise this facility.
"The government is a very important stakeholder in the litigation process & with the Hon'ble Chief Minister present here, I would appeal to all of them & state officers to ensure that the state now makes it mandatory to provide for e-filing in all litigation initiated by the State", urged the judge.
Justice Chandrachud told that the Supreme Court E-committee has prepared an SOP for digitisation of cases across India and the idea is to have a uniform process of digitisation- "Side by side with efiling, I have a suggestion, we are planning to develop a mechanism for paperless courts. An SOP for digitisation of cases has already been prepared by the e- committee. Pending cases can be digitised daily, which will ensure immediate relief. The Supreme Court's e-committee is in the process of developing a mechanism for digitisation of existing cases & making courts paperless".
Finally, while admitting that there may be some confusion when such changes are made and that it not unheard of, Justice Chandrachud highlighted that it is important for Judiciary to lead from the forefront & quell such concerns, which can also be done by constant engagement with Bar- "We need to train lawyers who are important stakeholders. Litigants must get free training for such e-filing. It is important for the judiciary to realise that it plays the role of a motivator, a role model and a mentor. Hence combined efforts of Bar & judiciary, including important work by administrative staff is key to the success of initiatives such as e-filing".
Justice Chandrachud said that with these initiatives adopted by the Kerala High Court, we can well imagine that courts will be functioning at a 24/7 basis, that the Staff need not necessarily have to come to court, that Women members of the staff who would like to work from 7-1 or from 6 pm till 10 PM will be able to work with flexible timings. "It is a unique effort by Kerala High Court which needs to be appreciated. I know Kerala High Court, with cooperation with state government, has been conducting extensive efforts to propagate movement towards e courts", said the judge.
Justice Chandrachud said that he is delighted to know that Kerala is one of the 13 states where virtual courts have been set up for adjudicating traffic challans- "As of December 27, Traffic challan Proceedings have been completed in 1 crore 15 lakh cases across India. Fine has been paid in around 22 lakh cases. Kerala has also set up virtual courts, proceedings have been completed in 21182cases, total fine is more than 1 crore. Kerala Judiciary has done a remarkable job during the pandemic. From March 2020 to December 2021, Total cases registered were 12,85,958 and as many as 8 lakh cases have been disposed of by District courts & High Court. This initiative of Kerala HC is possible due to visionary support provided by its staff and the government, in terms of man power funds etc. We are part of a joint mission, and i take great pride in what Kerala has achieved & initiated today".
Chief Justice S. Manikumar, of the Kerala High Court, also remarked that the introduction of the e-filing system is aimed at promoting paperless filing with advantages of a new system which includes Speedy access to justice, absolute transparency. It includes huge saving on manpower & natural resources as well, said the CJ.
"Kerala High Court is keen on adopting new trends in information technology, and applicable technology advancements in the Justice delivery system. Kerala HC introduced automatic delivery of digitally signed bail orders. The pandemic also proved an impetus in e- filing of cases. Electronic filing rules were framed. Our endeavour is to transform every courtroom in Kerala to paperless smart courtroom. For providing efficient services to citizens, the High Court has decided to implement e-Office framework in pilot sections of the HC & 2 paperless courts in the Judiciary. On behalf of the Kerala HC & people of Kerala, I express thanks to Justice Chandrachud & Justice Ashish Chavan for all their guidance & support. As rightly pointed out, 3 Institutions have joined together. Right from the beginning, the Kerala Government extended its support to the HC's initiatives. I thank them for the support"
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