The Delhi High Court has directed that e-filing be made mandatory in both Civil jurisdictions and Criminal complaint cases before the District Courts.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora observed that it is in the interest of all the stakeholders that the e-filing process is made robust in the District judiciary so that parties, as well as advocates, can easily avail the facility of filing pleadings, documents, and interim application online.
Noting that with the "Centralised Filing System" being successfully implemented in Patiala House District Courts and working efficiently, the court was inclined to implement it in all the District Courts as well.
"a. Centralised Filing System be implemented in all the District Courts in terms of order dated 17th August, 2023 passed in the present petition.
b. Mandatory e-filing of pleadings, documents and interim applications shall be adhered to in the jurisdictions already notified vide notification no.12/Rules/DHC dated 22nd February, 2022 under e-filing Rules of the High Court of Delhi, 2021", the court recorded in the directions thus issued.
Concerning directions issued to District Judges for ensuring that after the disposal of a case, its records are immediately consigned to the record room by the record custodian, a status report dated 18th November 2023 was filed apprising the position in respect of the consignment and weeding out of record.
The Court after viewing the report and after progress on it, opined that the steps for consignment of decided cases from courts to record room requires urgent action, since in most of the District Courts the process of consignment of files of the years 2015 to 2021 is still under progress.
"The report shows that approximately 7,50,000 cases have been identified and are ready to be weeded out in all the District Courts. We are of the opinion that weeding out on priority will ensure creation of required physical space in court rooms as well as the record rooms. It is therefore, imperative to carry out this process in a time bound manner", the court added.
Noting that the requisite financial sanction for the digitization of records has been received from GNCTD and the Centralised Computer Committee, District Courts, is in the process of issuing a tender, the court stated that in compliance with directions issued in Tarif Singh (supra), the process of amending rules has been initiated by the Rules Branch of the Court.
The Court also mentioned Sarvesh Mathur Vs. The Registrar General, High Court of Punjab and Haryana, 2023 Latest Caselaw 770 SC, wherein the bench headed by Chief Justice, had observed that the use of technology by the Bar and the Bench is no longer an option but a necessity.
"In the State of Delhi, post COVID-19 pandemic, the judicial eco-system has aligned towards a Hybrid Court model. The e-Courts phase-III has also emphasised on the same. In life cycle of a litigation under the ICT eco-system strengthening of e-filing and virtual hearings is cardinal and indispensable", the court noted to this tune.
Addressing the issue raised in the PIL regarding non-registration of interim applications in District Courts, the court concluded that the same has its roots in the issue that currently e-filing is not mandatory in all Civil jurisdictions and Criminal complaints cases.
"In case, the facility of an e-filing is made available in all the jurisdictions, the issue of non-registration of interim applications will inevitably stand addressed", the court observed while issuing a set of directions to facilitate the same.
Stressing in the objective that there is a pressing need to take dedicated measures in District Courts for first strengthening e-filing and secondly streamlining weeding out as well as digitization of disposed of record, the court issued following directions:
"a. Centralised Filing System be implemented in all the District Courts in terms of order dated 17th August, 2023 passed in the present petition.
b. Mandatory e-filing of pleadings, documents and interim applications shall be adhered to in the jurisdictions already notified vide notification no.12/Rules/DHC dated 22nd February, 2022 under e-filing Rules of the High Court of Delhi, 2021.
c. The Registrar General is directed to initiate steps for extending mandatory e-filing in all remaining Civil Jurisdictions and Criminal complaint cases in District Courts, as per the e-filing Rules of the High Court of Delhi, 2021.
d. Digitization, in a dedicated manner, be started in record rooms of all District Courts so as to digitize the record of decided cases. Necessary ICT infrastructure and manpower shall be provided to the record rooms by the concerned Principal District & Sessions Judge.
e. Rules Branch of this Court is directed to expedite the process of amending rules as directed in case of Tarif Singh (supra) so that the record (except documents required to be preserved permanently) may be weeded out upon digitization in District Courts within five (5) weeks.
f. As directed in the case of Tarif Singh (supra),the category of petty cases which do not require digitization and category of cases which need to be prioritized for digitization, be chalked out on priority by Principal District & Sessions Judge (HQ) in consultation with other Principal District & Sessions Judges within two (2) weeks.
g. Criterion for cases of historical importance be finalised on priority by Principal District & Sessions Judge (HQ) in consultation with other Principal District & Sessions Judges within two (2) weeks.
h. Upon finalisation of criterion in respect of petty cases and cases of historical importance, the process to weed out files which are ready for weeding be initiated preferably within three (3) weeks in all District Courts.
i. A committee to supervise weeding out of record in all districts be constituted in all District Courts by concerned Principal District & Sessions Judges within two (2) weeks. The said committee shall comprise of a Senior District Judge rank DHJS officer, officer In-charge of records room, a DJS officer and In-charge/superintendent of records room. The committee shall carry out fortnightly review of consignment and weeding out of record in the records rooms and present its report to concerned Principal District & Sessions Judge. A quarterly report for the first quarter of 2024 shall be filed by all District Courts with the office of Registrar General of this Court for review and monitoring on or before 15th April, 2024.
j. All the learned Principal District & Sessions Judges shall ensure that certified copies of record shall be made available (to the applicant) as per rules, irrespective of position of consignment to the record rooms."
Case Title: Karan S Thukral vs The District & Sessions Judge &Ors.
Case Details: W.P.(C) 6082/2019
Coram: Hon'ble Mr. Acting Chief Justice Manmohan and Hon'ble Mr. Justice Manmeet Pritam Singh Arora
Advocates for Petitioner: Mr. Sahil Ralli, Advocate
Advocates for Respondent: Mrs. Avnish Ahlawat, SC, GNCTD with Mr. N.K. Singh, Ms. Laavanya Kaushik and Ms. Aliza Alam, Advocates for respondents No.1 to 11. Ms. Shubham Mahajan, Advocate for respondent No.12. Mr. Abhilash Malhotra, Joint Registrar (Judicial)(Central Project Coordinator) High Court of Delhi
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