The Delhi High Court recently took strong exception to the Delhi government's failure to comply with directions to extend all necessary support, financial and otherwise, to install adequate technology for hybrid hearings in district courts of the national capital [Anil Kumar Hajelay & Ors vs. Honble High Court of Delhi].
The Bench of Chief Justice Manmohan and Justice Tushar Rao Gedela unequivocally expressed its displeasure over such a state of affairs.
“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. In our system of governance, such conduct by the bureaucracy cannot be countenanced,” the Court observed in its September 30 order.
The Court had issued three orders earlier this year calling on the Delhi government to immediately extend administrative, financial and allied approvals for the installation of ICT (information and computer technology) equipment in 691 district courts of Delhi.
However, these orders are yet to be given effect. The Court has now warned that it will summon government officials if necessary steps are not taken in two weeks.
“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,” the Court said.
The Court was dealing with a case instituted in 2021 it the backdrop of COVID-19. At the time, advocates who were senior citizens had sought directions from the High Court to subordinate courts and quasi-judicial bodies of Delhi to hold hybrid hearings.
The petitioners had submitted that there were several counsel who suffered from co-morbidities and were unable to physically appear before courts due to the threat of the COVID-19 pandemic.
Delhi Government had previously submitted that it is fully committed to implementing the hybrid hearings and providing adequate infrastructure in Delhi district courts for the same.
The next date of hearing is October 24.
Advocates Anant Kumar Hajelay and Anil Kumar Hajelay appeared for the petitioners
Advocates Dr. Amit George, Adhishwar Suri, Arkaneil Bhaumik, Dushyant Kishan, Rupam Jha, Suparna Jain and Ibansara represented the Delhi High Court.
Assistant Standing Counsel Anuj Aggarwal with Advocates Yash Upadhyay and Siddhant Dutt appeared for the Delhi Government.
[Read order]