Delhi High Court asks city govt's chief secretary to expedite sanction of Rs 387 crore for hybrid hearings

New Delhi: The Delhi High Court has asked the city government's chief secretary to expedite a sanction of Rs 387 crore to facilitate hybrid hearings in 691 subordinate courts in the national capital and implement the project on priority basis.

A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora, while dealing with a petition concerning infrastructure for hybrid hearings in district courts, clarified that a comprehensive tender for all the 691 courts should be floated.

"Consequently, this court directs the chief secretary, Delhi government 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 April 19, 2024 for a sum of Rs 387.03 crore 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 bench said.

The high court also allowed the Delhi government, represented through additional standing counsel Anuj Aggarwal, to initially set up two pilot courts per court complex instead of two pilot courts per district, which would be decided by the registrar general.

The pilot courts would be set up to assess their performance, before implementing the project in all other courts.

The court perused the latest status report of the Delhi government's Department of Law, which revealed that the matter involves a policy decision and needs the approval of the Council of Ministers.

"Since the expenditure involved for hybrid hearing is less than Rs 500 crore and the policy of hybrid hearing has already been implemented in the High Court of Delhi by the Delhi government, this court is of the view that Clause 9 of the Schedule (of the Transaction of Business Rules) is not attracted and no mandatory cabinet approval is required. Further, the matter brooks no delay as technology becomes obsolete very fast," it said.

The court's order came on a petition filed by lawyer Anil Kumar Hajelay during the COVID-19 pandemic in 2021 with various prayers, including for hybrid hearings in district courts.

The court has listed the matter for further hearing on September 30.

Earlier, the court had observed that the citizens' right of access to justice has been gravely hampered due to Covid and directed the Delhi government to take expeditious steps for providing infrastructure and other facilities for hybrid hearings in district courts and quasi-judicial bodies.