On Wednesday, the High Court of Delhi observed a lack of infrastructure in district courts here is a genuine problem, & restored a public interest litigation (PIL) seeking implementation of hybrid system of hearing in subordinate judiciary & quasi-judicial bodies.

A bench of Acting Chief Justice Manmohan & Justice Mini Pushkarna allowed an application filed for restoration of the petition, which the court had disposed of in January 2022, on the ground that no effective steps are being taken by the Delhi government for providing requisite infrastructure for hybrid hearings.

The bench said some of the judges in district courts were holding hybrid hearings using mobile phones of the court staff.

“What is happening right now is that judges are holding hearings on mobile phones. They are taking their court staff’s mobile phone & connecting hybrid hearing through it. They (petitioners) have pointed out a very important thing & we need to look into it,” Justice Manmohan said.

The bench asked officials of the high court to visit the courtroom of the district judge in Tis Hazari court premises where a set-up has been created for hybrid hearings.

It said, “The district judge’s room has been done quite well & it needs to be replicated in all other courts. Take it as a model & get it replicated in other courts. If you can get it done by March 31, 2024, it would be great".

As the application for restoration of the plea was not opposed by the counsel for the Delhi HC on the administrative side & the Delhi government, the court allowed it, terming it an important issue.

Central Project Coordinator Abhilash Malhotra informed the bench that the Public Works Department (PWD) had submitted a project report on hybrid hearing which was examined by the National Informatics Centre (NIC) at the request of the high court registrar general’s office.

In Aug, the NIC requested the PWD to submit the report after getting approval from the Information Technology Department of the Delhi Govt. However, no progress has taken place since & the PWD was delaying the project without any reason, he submitted.

The bench asked the Delhi Govt to take necessary steps & revert to it with further developments.

The counsel for the high court administration also submitted there was a lack of infrastructure since the Delhi government has not approved funds required for the project.

The bench asked the high court’s counsel to file an updated status report before January 11, the next date of hearing.

Petitioner Anil Kumar Hajelay & others had approached the high court in 2021 with a plea seeking direction to the authorities to ensure the required infrastructure facilities are put in place for holding hybrid hearings in district courts & quasi-judicial bodies, including tribunals.

The plea was disposed of in January 2022 after the court was informed that the government was in the process of procuring equipment to facilitate hybrid hearings.

However, the petitioners filed an application claiming many fora are yet to get the facilities for hybrid hearing, while others have closed the option altogether.

“The respondent no. 1 (Delhi High Court administration) vide office order dated June 5, 2023 modified the rule of hybrid hearings in the district courts by waiving the earlier requirement of making an advance written request for the same. However, the infrastructural lacunae are creating a big hindrance in the successful implementation of the hybrid system of hearings,” the application said.

It said during the pendency of the petition, the speed & inclination with which the Delhi government was working towards procuring & making ready for use the hardware & software systems required for hybrid hearings in the district courts & quasi-judicial bodies, was somewhat decent.

“But ever since this writ petition was disposed of, the pace of the implementation of the infrastructure required for the hybrid hearings has reduced considerably. In fact, there is almost negligible development ever since the time when the status report was lastly filed on April 22, 2022 by the respondent no. 2 (Delhi government) & the petitioner has serious apprehensions that if this court does not resume the supervision of the implementation of the said system, then no further effective steps will be taken by the respondent no. 2 for providing the requisite infrastructure,” the application said.

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