Delhi High Court
Vijay Goel vs State, Nct Of Delhi & Ors. on 24 August, 2020
SINDHU KRISHNAKUMAR
25.08.2020 12:50
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 24th August, 2020
+ CM(M) 389/2020 and CM APPL. 20110/2020, 20111/2020
VIJAY GOEL ..... Petitioner
Through: Mr. Apoorv Agarwal, Ms. Riya
Thomas and Ms. Priyanka Sharma,
Advocates (M: 9899975050).
versus
STATE, NCT OF DELHI & ORS. ..... Respondent
Through: Mr. Rizwan, Advocate for R-1.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been held through video conferencing.
2. The present application has been filed by the Petitioner, seeking
urgent orders for publication of the citation in order to expedite issuance of
the probate in Probate Petition No. P.C./1/2019. A detailed order was passed
by this Court on 23rd July, 2020 emphasising the urgency in this matter and
how the ld. ADJ is not passing effective orders in the present case. Having
noticed the urgency expressed on behalf of the Petitioners, as per the said
order, the matter was directed to be listed on 5th August 2020 and the Court
was directed to issue the citation, by 14th August, 2020 and proceed further
in the probate petition. The operative portion of the order dated 23rd July,
2020 reads as under:-
"6. Ld. Counsel submits that most civil courts and
commercial courts are not functioning and matters
are simply being adjourned.
7. There is no doubt that due to the announcement
of the lockdown, the functioning of subordinate courts
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has been impeded. However, from time to time, the
High Court has issued circulars and orders directing
the manner of functioning of subordinate courts. The
office order issued by the Delhi High Court dated 13th
June 2020 in respect of functioning of subordinate
courts directs as under:
"The Hon'ble Administrative and
General Supervision Committee of this
Court while considering further
extension of suspended functioning of
this Court and the Courts Subordinate to
this Court and taking note of the
prevalent situation, in continuation of
this Court's Office orders
No.373/Estt./E1/DHC dated 23.03.2020,
No.159/RG/DHC/2020 dated 25.03.2020
and No.R- 77/RG/DHC/2020 dated
15.04.2020, No.R-159/RG/DHC/2020
dated 02.05.2020, No.R-
235/RG/DHC/2020 dated 16.05.2020, R-
305 /RG/DHC/2020 dated 21.05.2020
and No.1347/DHC/2020 dated
29.05.2020 has been pleased to order
that the functioning of the Courts
subordinate to Delhi High Court shall
continue to remain suspended till
30.06.2020.
It is further ordered that the matters
listed in the courts subordinate to Delhi
High Court on 15.06.2020 be adjourned
en bloc in terms of the earlier directions.
It has further been resolved that w.e.f.
16.06.2020, all the subordinate courts,
shall take up urgent cases (except where
evidence is to be recorded) of their
respective courts through Video
Conferencing mode. The other matters be
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adjourned accordingly."
In this petition, urgency has been expressed but as
stated by Ld. Counsel, there was no opportunity to
express the urgency to the Court.
8. In the present case, the Probate petition was
filed in February 2019 and was first listed in April
2019. Transfer petition was moved seeking transfer of
the petition to the court of the Ld. ADJ. On 9th
December 2019, the Court issued notice and directed
publication of the citation. It is stated that after the
passing of the said order, despite endeavours being
made by counsel, notice has not been issued and
citation was not received. The matter was then listed
in February 2020. Early hearing was sought in which
again notice has been issued. Urgency has been
expressed owing to the age of the Petitioner, who is
72 years of age, and as the family members wish to
dispose of the asset as per the last wish of the testator.
9. Urgency is clearly established in the present
case. The proceedings in the case cannot be
postponed indefinitely. It is accordingly directed that
the citation in this case may be prepared and issued to
the Petitioner by the Court of the Ld. ADJ where the
probate petition is pending. Upon receiving the
citation, the Petitioner shall arrange for the same to
be published. After publication, copy of the citation be
placed on record of this case.
10. On the next date of hearing, the various heirs
who have given their NOCs for the probate being
granted, being Mr. Sushil Gupta,, Ms. Sudershan
Mittal, Mr. Yash Paul Goel, Mr. Raj Pal Goel and
Mr. Dharam Pal Goel, are permitted to join the video
conferencing hearing. Ld. counsel for the Petitioner
to inform them of the next date of hearing.
11. Let this order be sent to the court of ADJ-03/
Patiala House Courts, New Delhi. List the matter
before the ADJ on 5th August 2020. Citation be
provided to Petitioner's counsel by 14 th August 2020
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and the same be published before the next date of
hearing before this Court. Hearing may be held by
video conferencing.
12. Copy of this order be sent to the Ld. Registrar
General for placing before the Committee for `Graded
Action Plan' of the High Court for its consideration.
List on 16th September, 2020."
3. Subsequent to this order, the Administrative and General Supervision
Committee of the High Court has issued a notification dated 30th July, 2020
in respect of the functioning of the District Courts and it has been made
abundantly clear that all cases should be taken up by judicial officers
through video conferencing hearings. Even physical hearings may also be
permitted if there is grave urgency. The notification reads as under:-
"The Hon'ble Administrative and General Supervision
Committee of this Court while considering further extension
of suspended functioning of this Court and the Courts
Subordinate to this Court and in view of the prevailing
situation of spread of coronavirus (2019-nCOV) pandemic in
the NCT of Delhi, in continuation of this Court's Office
orders No.373/Estt./E1/DHC dated 23.03.2020,
No.159/RG/DHC/2020 dated 25.03.2020 and No.R-
77/RG/DHC/2020 dated 15.04.2020, No.R159/RG/DHC/2020
dated 02.05.2020, No.R- 235/RG/DHC/2020 dated
16.05.2020, R305/RG/DHC/2020 dated 21.05.2020,
No.1347/DHC/2020 dated 29.05.2020, No.16/DHC/2020
dated 13.06.2020, No.22/DHC/2020 dated 29.06.2020 and
24/DHC/2020 dated 13.07.2020 has been pleased to order
that the functioning of the Courts subordinate to Delhi High
Court till 14.08.2020 shall be as per the following:-
The courts subordinate to this Court shall henceforth take up
all the cases listed before them through videoconferencing.
However, evidence shall be recorded only in ex-parte and
uncontested matters where the same is required to be
tendered by way of affidavit. The judicial officers shall be
permitted to come to court for holding videoconference
hearings from their respective chambers only when they do
not have requisite technical infrastructure at their residences
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or where there is a breakdown of such infrastructure.
Physical hearings shall be permitted in those matters only
where a grave urgency is involved and hearing through
videoconferencing is not feasible. For pronouncement of
judgment in a criminal case, wherever required, the judicial
officer may come to court for the same. In all such instances
of physical hearings, the norm of social distancing be
scrupulously adhered to."
4. Despite clear orders dated 23rd July, 2020 and the directions of the
High Court, unfortunately, the matter was not listed on 5th August, 2020 and
no citation was issued. Ld. counsel for the Petitioner submits that a copy of
the last order passed by this Court dated 23rd July 2020, which was
downloaded by him from the website of the Delhi High Court, was placed
along with the application before the ld. ADJ. The said application was filed
on 13th August, 2020. Several calls were also made and e-mails were
addressed, however, it has not been listed till date before the ld. ADJ. Mr.
Agarwal, ld. counsel also submits that he has sent a specific message to the
Reader praying that the matter be listed before the ld. ADJ. The Petitioner
was then told to obtain a certified copy of the order of this Court dated 23rd
July, 2020. Ld. counsel has also, during the course of hearing, shown an
order passed by the Reader on 22nd August, 2020.
5. A copy of the said order passed by the Reader on 22nd August 2020
has been perused which shows that the case has been adjourned to 11th
February 2021 before the ld. ADJ. The sequence of events post the order
dated 23rd July, 2020 shows that there has been no compliance whatsoever
of the said order. The insistence on a certified copy of the order dated 23rd
July 2020, by the lower court is also completely untenable inasmuch as the
orders which are being uploaded currently are digitally signed both by the
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Judge as also the Private Secretary. The order filed before the Ld. ADJ was
similarly digitally signed. Such orders do not require any further certified
copies to be filed. This issue has also been dealt with by this Court in Rahul
Babbar v. Central Bureau of Investigation (CRL.A. 215/2020) by order
dated 8th June, 2020 wherein it was clearly held that the authenticity of
orders uploaded on the official website of the Delhi High Court is easily
verifiable. Thus certified and authenticated copies cannot be insisted upon.
The observations of the court are as under:
"...
During the lockdown period and even otherwise, it is a matter
of common knowledge that orders are uploaded on the
official website of the Delhi High Court. The same is easily
verifiable by anyone including the Ld. District Judge in this
case. Alternatively, when bail orders are issued they are
communicated to the Jail Superintendent by the Registry. If
the Ld. District Judge had any doubt as to the authenticity of
the order, the same could have been also easily confirmed
from the Judicial Branch of the Delhi High Court. But to turn
down a party who has been given bail and refuse to release
him on this specious plea is completely unacceptable."
6. Under such circumstances, the adjourning of this matter to February,
2021 while clearly being aware of the urgency expressed by this Court is
inexplicable. Accordingly, it is directed that a report be called for from the
ld. District Judge, Patiala House Courts, New Delhi after enquiring into the
matter. The said report be filed by 27th August, 2020. The ld. District Judge
shall also ensure that the citation in this matter is issued and appropriate
steps are taken for proceeding further in the probate petition. A scanned
copy of the entire trial court record be also called for by the next date.
7. The present order shall be communicated by the ld. Registrar General
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to the ld. District Judge, Patiala House Courts, New Delhi. A written
explanation shall also be called for from the Judicial Officer concerned,
namely, Mr. Munish Markan, ld. ADJ-03, Patiala House Courts, New Delhi.
8. The present order along with the order passed in Rahul Babbar
(supra) be circulated to all District Judges so that Courts do not insist upon
certified or authenticated copies of orders, once the orders are digitally
signed and/or available on the official website of the Delhi High Court.
9. List on 28th August, 2020.
PRATHIBA M. SINGH
JUDGE
AUGUST 24, 2020
MR/A
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