On Thursday, the Delhi High Court has sought response from Government of NCT of Delhi on grant of administrative approval and sanction of expenditure for enhancement and upgradation of the existing lease lines from 34 MBPS to 1 GBPS in each District Court Complex except for Rouse Avenue.
The Court has been informed despite repeated letters addressed by the District and Session Judge (Headquarters), Tis Hazari, Delhi and the Registrar General, High Court of Delhi to the Secretary, no steps have been taken in that direction.
It was stated before the Court that the most recent reminder issued by the High Court to the Secretary, (Law and Judicial), GNCTD is dated 18.05.2020, wherein it has again been highlighted that video conferencing is an urgent requirement for conducting court proceeding during the lockdown period and necessary sanctions be accorded expeditiously.
The Court has been further informed that a request was addressed to the Delhi Government as long back as on 27.11.2018, for sanction to digitize the records in the District Courts so that more space can be vacated and put to use for other purposes by getting rid of voluminous files, but no positive response has been received so far from the Delhi Government
The petitioner herein had filed a petition for dissolution of marriage with his wife on the ground of cruelty and adultery before the Family Court and his grievance is against the delay of recording of evidence in the said proceedings, attributable to the Lockdown declared by the Central Government and the State Government in the wake of the COVID-19 pandemic, which has resulted in stalling the said proceedings from being conducted in court, physically.
He thus invoke Article 226 of the Constitution of India, and sought directions that evidence be recorded by video conferencing or any other feasible manner, including by appointing a Local Commissioner.
Learned Counsel for the Respondent No.1/petitioner's wife submitted that her client is unwilling for recording of the evidence through video conferencing.
On this submission, Learned Counsel for petitioner had sought directions in the nature of a PIL to all the Family Courts in Delhi, calling upon them to record the evidence via video conferencing, directly or through a Local Commissioner, during the lockdown period.
The court took note of the fact that in Para 8 of the order dated 28.05.2020,Video conferencing Guidelines issued by the High Court of Delhi – "Guidelines for the conduct of the court proceedings between Courts and remote sites” was wide enough to address the situation that had arisen on account of the COVID-19 pandemic, resulting in halting of physical proceedings in court. It was also observed that if some aspects were required to be supplemented, then the same can be considered.
Learned Counsel for the petitioner submits that not just the petitioner, but many other similarly situated litigants are ready and willing to proceed with their cases through video conferencing but the concerned courts including the Family Courts in Delhi have not explored that option to which Joint Registrar, High Court of Delhi, who are present in the hearing, refuted.
The Registrar then pointed out the lapses on part of government and therefore the Court sought Govt's response on the same.
In matter of the present case, the Court left it to petitioner to file an appropriate application before the Family Court for recording of evidence in his case through video conferencing. The Family Court will take a view in the matter depending on the urgency expressed and the facilities available.
Case Title: MR. ANAND VAID vs MS. PREETY VAID & ORS.
The order has been passed by Justice HIMA KOHLI and Justice SUBRAMONIUM PRASAD on 04-06-2020.
Read Order Here:
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