The Delhi High Court has expressed strong disapproval over the Delhi government's failure to comply with orders to provide necessary financial and administrative support for installing technology to facilitate hybrid hearings in the capital's district courts.

The Division Bench of Chief Justice Manmohan and Justice Tushar Rao Gedela, in its September 30 order, criticized the Planning and Finance Departments for not taking the matter seriously, despite clear directives from both the Court and the Chief Minister of Delhi.

"The status report placed before us today by the Government of NCT of Delhi reflects that despite our clear mandate and the subsequent mandate given by the Chief Minister/Minister (Law), Government of NCT of Delhi, the officials of Planning Department and Finance Department of the respondent/Government of NCT of Delhi have not taken up the matter in the right earnest," the Court noted.

The Bench said, "In our system of governance, such conduct by the bureaucracy cannot be countenanced. Once the Court and subsequently the Chief Minister/Minister (Law), Government of NCT of Delhi have issued directions, the bureaucracy should do the needful in the right earnest. We are refraining from dilating further on this subject with the expectation that this brief interjection from our end will steer the officials of the Planning Department and Finance Department of the respondent/Government of NCT of Delhi in the right direction and the needful will be done by them in the next two weeks."

Further, the Court ordered, "However, in the event, the needful is not done by the officials of Planning Department and Finance Department of the respondent/Government of NCT of Delhi within two weeks, we direct the Chief Secretary and Principal Secretary (Finance), Government of NCT of Delhi to be personally present before this Court on the next date of hearing and explain their position."

Accordingly, the Court scheduled the matter for further hearing on October 24.

Earlier, in July, the Court had 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 had said in its July 18 order.

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 [W.P.(C) 2018/2021 & CM APPL. 39902/2024]

Appearance:-

Petitioner: Advocates Anant Kumar Hajelay, Anil Kumar Hajelay

Respondent: Advocates Dr. Amit George, Adhishwar Suri, Arkaneil Bhaumik, Dushyant Kishan, Rupam Jha, Suparna Jain, Ibansara, Assistant Standing Counsel Anuj Aggarwal, Advocates Yash Upadhyay, Siddhant Dutt

Click here to read/download the Order


Chief Justice ManmohanJustice Tushar Rao GedelaDelhi High Court

Sukriti Mishra