High Court Orders Delhi Govt To Expedite Sanction of ₹387 Crore For Implementation Of Hybrid Courts

The Delhi High Court has directed the Chief Secretary of the Delhi government to accelerate the sanctioning of Rs. 387 crore for transforming 691 district-level courts into hybrid hearing facilities. 

"....this Court directs the Chief Secretary, GNCTD to simultaneously proceed with and expedite the matter regarding grant of financial sanction in respect of all the 691 Courts as stated in preliminary estimate dated 19th April, 2024, for a sum of Rs. 387,03,19,388/- as per the configuration approved by NIC and to implement the entire project on priority basis. It is clarified that a comprehensive tender for all the 691 Courts, including pilot courts, shall be floated," the Court said in its July 18 order.

A Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela emphasized the urgency of implementing the entire project without delay.

The Bench dismissed the government’s contention that cabinet approval was necessary for financial sanction, citing that the expenditure falls below the ₹500 crore threshold requiring such approval under Clause 9 of the Schedule of Transaction of Business Rules.

In its order, the Court said, "Since the expenditure involved for hybrid hearing is less than ₹500 crores and the policy of hybrid hearing has already been implemented in the High Court of Delhi by the GNCTD, this Court is of the view that Clause 9 of the Schedule is not attracted and no mandatory cabinet approval is required. Further, the matter brooks no delay as technology becomes obsolete very fast."

During the proceedings on July 18, the Delhi government assured the Court of its commitment to enhance infrastructure for hybrid hearings in district courts, especially in light of new criminal laws. "...lately, a series of meetings have been held to discuss inter-alia, the road map to implement new criminal laws in the NCT of Delhi between officers from jail administration, officers from forensic science laboratories, senior police officers, senior officers of department of law and home department, GNCTD with the Chief Secretary, GNCTD," the Counsel submitted. 

The government proposed to initiate the hybrid system initially in two pilot courts per district court complex, totalling seven pilot courts out of the proposed 691.

The Bench accepted the proposal, allowing the government to proceed with setting up two pilot courts per district court complex, subject to the decision of the Registrar General of the High Court. "Considering the submissions made and in the totality of the facts and circumstances, GNCTD is permitted to initially set up two pilot Courts per Court complex instead of two pilot Courts per district in terms of order dated 29th April, 2024. However, the choice of the two pilot Courts shall be decided by the Registrar General, Delhi High Court. The order dated 29th April, 2024 stands modified to that extent," the Court said. 

Accordingly, the Court scheduled the next hearing on the matter for September 30.

Pertinently, in April, the Court had issued directions for the prompt execution of the Hybrid Courts project.

The Court issued the following directives:

a. GNCTD is directed to forthwith expedite the financial sanction in respect of all the 691 Courts as stated in preliminary estimate dated 19th April, 2024 for a sum of Rs.387,03,19,388/- as per the configuration approved by NIC and to implement the same on priority.

b. Two pilot Courts be also set up initially in each district and in case the performance is found satisfactory, the project be implemented in all the Courts.

c. In the interregnum period, PWD/GNCTD is directed to submit a preliminary estimate qua the components of networking, live streaming platform and data centre on priority so that the ICT equipments which will be installed in first phase can be put to their optimum use. The Registrar General shall consider the said proposal in consultation with NIC and office or Chairman, IT & Digitization, Delhi District Courts.

Cause Title: Anil Kumar Hajelay & Ors. v. Honble High Court of Delhi

Appearance:-

Respondent: Advocates Amit George, Ankaneil Bhaumik, and Adhishwar Suri, Advocates for R.1 along with & Abhilash Malhotra (CPC), Anug Aggarwal, ASC with Arshya Singh, Aakash Dahiya, Yash Upadhyay, Siddhant Dutt, and Sanjay Verma, for R-2.

Click here to read/download the Order