Set up comprehensive E-Seva Kendras at DRTs: Supreme Court directs Central government in plea challenging mandatory e-filing

The Supreme Court on Wednesday issued guidelines to facilitate e-filing at Debts Recovery Tribunals (DRTs) across the country. (Madhya Pradesh High Court Bar Association v. Union of India and ors).A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and JB Pardiwala made it clear that e-filing provides for transparency and convenience in the administration of justice."There can be no gainsaying the fact that e-filing provides transparency and efficiency in the administration of justice. E-filing provides for 24x7 access to the court system and, in fact, facilitates the convenience of lawyers as well as litigants. With the march of technology, it would be too late in the day to postulate that e-filing should not be adopted. As a matter of fact, the decision to take up e-filing must be replicated by other tribunals and courts in the country, including the High Courts in a phased manner and that it eventually becomes mandatory", the judgment stated.The top court made it clear that it cannot, at the same time, be unmindful of the digital divide in the country."Technology is an enabler and a facilitator. Hence, no segment of the citizens should be left behind in the adoption of technology, least of all, in terms of access to justice.".Advocate Shyam Gopal, appearing for the Central government, pointed out that help desks at these tribunals already existed. With regard to the same, the Bench ordered," ... we would recommend to the Union Government that in addition to setting up help desks, it would be appropriate if e-sewa kendras are set up at all the centres of the DRTs or, as the case may be, DRATs to facilitate e-filing of cases and provide a one-step solution which encompasses all the e-services at the DRTs/DRATs. The e-seva kendras should have adequate equipment in the form of computers and scanners, together with robust internet connectivity so as to facilitate the process of e-filing." The Court called for the preparation of a Standard Operating Procedure in this regard, by the Department of Financial Services in consultation with National Informatics Centre (NIC)."This would be in line with the mission of the e-Committee of the Supreme Court of India for providing e-sewa kendras at court establishments across the country. The setting up of e-sewa kendras would provide access to justice to lawyers and litigants.".The Court was hearing a plea filed by the Madhya Pradesh High Court Bar Association challenging a notification and rules issued by the Union Finance Ministry's Department of Financial Services making the practice of e-filing in DRTs and Debt Recovery Appellate Tribunals (DRATs) mandatory.The plea stated that several tribunals were located in far-flung areas, and sought a direction that hybrid mode of filing be made the norm, as per the existing practice.Counsel for the petitioners submitted that the move should have been proceeded with after some deliberation with the bar. A six-month gestation period was accordingly sought, along with fair exemptions.The Bench had issued notice to the Central government in the case last month..In its order today, the Bench conceded that the petitioner's contentions were borne out of ground realities. Towards the same, the Court directed that members of the bar aggrieved with the e-filing process can file representations with the concerned tribunals with respect to the practical difficulties faced. "The Director General of NIC shall constitute a team to monitor the progress of e-filing in the DRTs/DRATs so that any difficulties which are encountered can be suitably addressed on a real time basis. The efiling module must be upgraded with periodical developments," the Court further ordered.The Bench explained that the ESKs would act as a bridge to access facilities for all counsel. The tribunals were given liberty to file monthly status reports regarding the functioning of these kendras as well as their experience with e-filing.The directions are to be followed within three months, and liberty was given to the respondents to review needs as deemed fit. "This [order] would not preclude the Department of Financial Services from making such further arrangements as are found necessary to deal with an emergent situation in any of the DRTs/DRATs in various parts of the country. In a country as diverse like India, a onesize-fits approach cannot be adopted in all circumstances and situational modifications can be suitably adopted according to exigencies," the Court added. .During the hearing, counsel for the petitioners sought exemptions from mandatory e-filing for female and senior citizen advocates. This prompted the CJI to ask,"Why this presumption? Female advocates are even more tech-savvy than their male counterparts."The lawyer responded that not taking physical filings at all was exclusionary.While dictating the order, the CJI broke into a smile and stated," ... we are not inclined to accept the submission that there should be a general exception to female practitioners and litigants. There is no reason to postulate that there is a gender divide in one’s inherent ability to use technology."Justice Narasimha advised counsel against making the matter adversarial and adopt technology."Do not convert this to litigation. See the use of UPI, even vegetable vendors are using it." On taking a poll of counsel present in the court hall, the CJI found that only one among them had attended the Supreme Court E-Committee's training program regarding e-filing."I request all members of bar to attend the training program. It is more about awareness than training. It will help us know what improvements to make; some members have made excellent suggestions. I would implore all, SCAORA, SCBA to attend. It will help us and the lawyers.".Advocates Siddharth R Gupta, Mrigank Prabhakar and Avinashi Bedi appeared for the petitioner-association.[Read judgment]