Karnataka High Court

Dilraj Rohit Sequeira vs The Union Of India on 10 January, 2022

Bench: Chief Justice, Suraj Govindaraj

                           -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 10TH DAY OF JANUARY, 2022

                       PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                          AND

     THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ

  WRIT PETITION NO.50883 OF 2019 (GM-RES-PIL)
                     C/W
  WRIT PETITION NO.50892 OF 2019 (GM-RES-PIL)

IN W.P. NO.50883 OF 2019

BETWEEN:

DILRAJ ROHIT SEQUEIRA
S/O LATE ROBERT SEQUEIRA
AGED ABOUT 48 YEARS,
HAVING OFFICE AT
NO.09, 1ST FLOOR, PETRA COMPLEX
HENNUR KOTHANOOR MAIN ROAD,
KOTHNAOOR, BANGALORE-560077
                                           ... PETITIONER

(BY SRI DILRAJ ROHIT SEQUEIRA, PARTY-IN-PERSON)

AND:

1.   THE UNION OF INDIA
     REPRESENTED BY THE SECRETARY
     DEPARTMENT OF LEGAL AFFAIRS
     NEW DELHI-110 001

2.   THE STATE
     GOVERNMENT OF KARNATAKA
     REPRESENTED BY CHIEF SECRETARY
     VIDHANA SOUDHA
     BANGALORE-560001

3.   THE REGISTRAR GENERAL
     HIGH COURT OF KARNATAKA
     BANGALORE-560001
                             -2-


4.   BAR COUNCIL OF KARNATAKA
     KGID BUILDING
     BANGALORE-560001

5.   BHOODHWANI TRUST
     HAVING ITS OFFICE AT NO.434,
     5TH MAIN ROAD, 2ND BLOCK
     HRBR LAYOUT, KALYAN NAGAR
     BANGALORE -560043
     REPRESENTED BY ITS GENERAL SECRETARY
     ARUN FERNANDES
     AGED ABOUT 41 YEARS,
     S/O JOACHIM FERNANDES
     R/AT NO.6 CRASTA MANSION
     2ND BLOCK, C.R.LAYOUT
     CHELEKERE, KALYAN NAGAR
     BENGALURU-560043

6.   PEOPLE UNION FOR CIVIL LIBERTIES (PUCL)
     REPRESENTED BY ITS PRESIDENT
     R ESWARRAJ
     AGED ABOUT 64 YEARS,
     S/O LATE C T RAJARAM
     DAKSHINA KANNADA
     HAVING ADDRESS AT
     "PAULINE", FLAT NO.203, 2ND FLOOR
     FATHER MULLER'S ROAD,
     VALENCIA, MANGALORE-575002
                                          ... RESPONDENTS

(BY SRI S.R.DODAWAD, CGC FOR R1
    SRI S.RAJASHEKARA, AGA FOR R2
    SMT.B.V.VIDYULATHA, ADV. FOR R3
    SMT.LUBNA.H.S, ADV. FOR R5 & R6)
                           ---
     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO IMPLEMENT THE E-FILING SYSTEM IN THE
COURTS, TRIBUNALS FORUMS OF STATE OF KARNATAKA, AS
THE SAME WOULD BE COST EFFECTIVE AND HELD
CONSERVATION OF THE FOREST AND ENVIRONMENT AND ETC.

IN W.P. NO.50892 OF 2019

BETWEEN:
DILRAJ ROHIT SEQUEIRA
S/O LATE ROBERT SEQUEIRA,
AGED ABOUT 48 YEARS,
                             -3-


HAVING OFFICE AT NO.09, 1ST FLOOR,
PETRA COMPLEX, HENNUR KOTHANOOR
MAIN ROAD, KOTHANOOR,
BANGALORE-560077
                                             ... PETITIONER

(BY SRI DILRAJ ROHIT SEQUEIRA, PARTY-IN-PERSON)

AND:

1.     THE UNION OF INDIA
       REPRESENTED BY THE SECRETARY,
       DEPARTMENT OF LEGAL AFFAIRS,
       NEW DELHI-110001

2.     THE STATE GOVERNMENT OF KARNATAKA
       REPRESENTED BY CHIEF SECRETARY,
       VIDHANA SOUDHA,
       BANGALORE-560001

3.     THE REISTRAR GENERAL
       HIGH COURT OF KARNATAKA,
       BANGALORE-560001

4.     BAR COUNCIL OF KARNATAKA
       KGIDA BUILDING,
       BANGALORE-560001
       REPRESENTED BY ITS CHAIRMAN

5.     PEOPLE UNION FOR CIVIL LIBERTIES (PUCL)
       REPRESENTED BY ITS PRESIDENT
       R ESWARRAJ
       AGED ABOUT 64 YEARS
       S/O LATE C T RAJARAM
       DAKSHINA KANNADA
       HAVING ADDRESS AT
       "PAULINE", FLAT NO.203,
       2ND FLOOR, FATHER MULLER'S ROAD,
       VALENCIA, MANGALORE-575002
                                           ... RESPONDENTS

(BY SRI S.R.DODAWAD, CGC FOR R1
    SRI S.RAJASHEKARA, AGA FOR R2
    SRI SRIRANGA.S, SR.ADV. FOR R3
    R4 SERVED
    SRI ARAVIND KAMATH, SR. ADV. FOR R5
    SRI B.C.THIRUVENGADAM, SR. ADV. FOR        IMPLEADING
      APPLICANT)
                               -4-


      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO IMPLEMENT THE JUDGMENT OF THE
HONOURABLE SUPREME COURT IN SWAPNIL THRIPATHI AND
ORS VS.SUPREME COURT OF INDIAN AND ORS AIR 2018 SC
4806, 2018 (11) SCALE 475 2018 (4) RCR (CIVIL) 632 SO THAT,
THE PROCEEDINGS OF THIS COURT AND OF THE COURTS AND
TRIBUNALS SUBORDINATE TO IT ARE VIDEO-RECORDED AND
COPIES THEREOF COULD BE MADE AVAILABLE TO THE
PETITIONERS, LITIGANTS AND PUBLIC AT LARGE, EXCEPT
WHERE TO DO SO WILL BE AGAINST PUBLIC INTEREST, SO TO
PROVIDE FOR STREAMING OF SUCH PROCEEDINGS AND LIVE
TELECAST OF MATTER OF PUBLIC INTEREST AND ETC.

     THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:

                           ORDER

Heard learned counsel for the petitioner as well as

learned Additional Government Advocate for respondent

No.2 and Mr.B.C.Thiruvengadam, learned Senior Counsel

for the impleading applicant in W.P.No.50892/2019.

2. Both these writ petitions relates to similar cause

of action as such, they have been heard and disposed of

finally by a common order.

3. W.P.No.50883/2019 has been filed seeking the following reliefs:

"a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondent Nos.01, 02 and 03 to implement the E-filing system in the courts, tribunals forums of state of Karnataka, as the same would be cost effective and help in conservation of the forest and environment.

b. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondent No.01 and 02 to provide infrastructure for the purpose of E-filing system in the courts, tribunals forums of Audio-Video recording in the courts, tribunal forums of state of Karnataka.

c. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondent No.03 to educate the members of the bar and publish in their website detailed E-Filing procedure may conduct seminars for advocate's fraternity .

d. To pass any other order, relief/reliefs as this Honourable Court may deem just and proper in the interest of justice, in the facts and circumstances of the present case."

4. W.P.No.50892/2019 has been filed seeking the following reliefs:

"a. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondent Nos.01, 02 and 03 to implement the judgment of the Honourable Supreme Court in Swapnil Thripathi & Ors Vs. Supreme Court of India & Ors AIR 2018 SC 4806; 2018 (11) SCALE 475: 2018 (4) RCR (Civil) 632, so that, the proceedings of this Court and of the Courts and Tribunals subordinate to it are video-recorded and copies thereof could be made available to the Petitioners, litigants and public at large, except where to do so will be against public interest, so too to provide for streaming of such proceedings and live telecast of matters of public interest.

b. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Respondent No.01 and 02 to provide infrastructure for the purpose of Audio-

Video recording in the courts, tribunal and forums of state of Karnataka.

c. The hearing of the instant petition may be video recorded.

d. To pass any other order, relief/reliefs as this Honourable Court may deem just and proper in the interest of justice, in the facts and circumstances of the present case."

5. There is no dispute to the admitted fact that

live streaming in the High Court has been implemented.

The rules of the Karnataka Rules on Live Streaming and

Recording of Court Proceedings, 2021 have been notified

vide notification dated 17.09.2021. It is also not in dispute

that the Karnataka Electronic Filing (E-Filing) Rules, 2021

has also been notified on 31.12.2021. It is also to be noted

that under the notified rules, the legal transcription of the

live streaming has been provided.

6. So far as E-filing and live streaming of judicial

proceedings in the High Court is concerned, the grievance

of the petitioner has been redressed. So far as