The Delhi High Court has directed the city government’s chief secretary to expedite a sanction of ₹387 crore to permit hybrid hearings in 691 subordinate courts in the national capital and implement the project on priority.
While hearing a petition for infrastructure for hybrid hearings in district courts, a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora stated that a thorough tender should be issued for all 691 courts.
“Consequently, this court directs the chief secretary, Delhi government to simultaneously proceed with and expedite the matter regarding grant of financial sanction in respect of all the 691 courts as stated in preliminary estimate dated April 19, 2024, for a sum of ₹387.03 crore as per the configuration approved by NIC and to implement the entire project on priority basis. It is clarified that a comprehensive tender for all the 691 courts, including pilot courts, shall be floated,” the bench said.
The high court also authorized the Delhi government, supported by additional standing counsel Anuj Aggarwal, to initially establish two pilot courts per court complex rather than two pilot courts per district, as determined by the registrar general.
The pilot courts would be established to evaluate their performance before implementing the project in all other courts.
The court reviewed the latest status report from the Delhi government’s Department of Law, which stated that the topic is a policy decision that requires clearance from the Council of Ministers.
“Since the expenditure involved for hybrid hearing is less than ₹500 crore and the policy of hybrid hearing has already been implemented in the High Court of Delhi by the Delhi government, this court is of the view that Clause 9 of the Schedule is not attracted, and no mandatory cabinet approval is required. Further, the matter brooks no delay as technology becomes obsolete very fast,” it said.
The court’s decision followed a petition filed by lawyer Anil Kumar Hajelay during the COVID-19 pandemic in 2021, which included several requests, including hybrid hearings in district courts.
The court has scheduled a further hearing for September 30.
Earlier, the court stated that Covid has severely impeded individuals’ right to access justice and asked the Delhi government to take immediate steps to provide infrastructure and other facilities for hybrid hearings in district courts and quasi-judicial bodies.
