India News | HC Asks Delhi Govt to Take Expeditious Steps for Infra for Hybrid Hearings in Trial Courts

New Delhi, Sep 6 (PTI) The Delhi High Court Monday made it clear to the Delhi government that if the proposal to set up infrastructure for hybrid hearings in trial courts and quasi-judicial bodies is turned down on ground of expenditure then it will examine expenses incurred by it on subsidies and public advertisements since April 2020.

While directing the Delhi government to take expeditious steps to provide proper infrastructure for the purpose, the high court said it was mindful that the authorities incur huge money on subsidies and advertisements.

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It said pandemic was not yet over and there was a need to adopt technology as access to justice cannot be denied to citizens and expenditure incurred on the project should be considered as essential.

“We don't want it to shuttle like a shuttle cock. We need the system. Courts are not being able to cope with it. Don't consider it as a wasteful exercise. The pandemic is not yet over, you prioritise the expenditure. This is not wasteful or entertainment expenditure. It is not for luxury, it is absolutely essential. We have to adopt this technology,” a bench of Justices Vipin Sanghi and Jasmeet Singh said.

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The high court was hearing two pleas by lawyers Anil Kumar Hajelay and Manashwy Jha seeking various prayers including to conduct hybrid hearings in district courts on physical hearing days in view of the COVID-19 threat.

The high court had earlier asked the Delhi government to file an affidavit on the steps taken by it to provide infrastructure to subordinate courts for hybrid hearings.

The high court said Delhi government's Principal Secretaries of Departments Law, Finance and Food and Supplies, who were present before it in pursuance to last direction, were unable to inform the court about the status of proposal which was sent back by the Delhi Deputy Chief Minister and Finance minister to the Law Minister for consideration on August 27.

The court was informed by the Delhi government counsel that a proposal has been sent with an estimated expenditure of Rs 227 crore for hybrid hearing and router procurements for district courts and another over Rs 12 crore is for upgradation of existing system.

“We have made clear to the officers and also want to make it clear to the government that in such matters there should not be any delay. Access to justice is a right which is available to all citizens and on account of the ongoing pandemic the same has been gravely hampered,” the bench said.

It added that the district courts as well as consumer forums/ courts are not being able to function efficiently due to lack of infrastructure and other facilities and the arrears of cases are mounting and people have to wait to get redressal of their grievances.

The bench further said “there is no such scientific report that we are going to see the end of the ongoing pandemic any soon. We are all in for the long haul and hearing of cases through online mode may have to be resorted to for an indefinite time before we are able to resume full physical functioning of courts”.

It said the Delhi government cannot be seen flickering in providing infrastructure and other facilities for functioning of trial courts through hybrid mode and “this is a bullet which they (Delhi government) have to bite”.

It further said this is a matter of prioritising the expenditure which the government has to incur.

“We are mindful that Delhi government incures huge amount of money on advertising and subsidies. We are hopeful that Delhi government will take all steps expeditiously to address the issues raised in the present proceedings. let a fresh status report be filed.

“If the Delhi government turns down the proposal, it shall place before the court complete statement of expenses incurred from April 2020 on subsidies and public advertisements,” the bench said.

The high court had earlier expressed “complete dissatisfaction” over the Delhi government's conduct of not providing proper infrastructure to facilitate hybrid hearings in trial courts and quasi-judicial bodies here and had said little sensitivity needed to be shown by the authorities.

It had said the third wave of COVID-19 pandemic is expected in October and for the last four months, nothing has happened in terms of providing infrastructure for facilitating virtual hearings in district courts.

The court had in March asked its Registrar General to make an assessment of the infrastructural requirements at the earliest to facilitate hybrid hearings in the trial court and forward the details to the Delhi government.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)