Speed up District Courts’ hybridisation sans cabinet nod: Delhi High Court to State

The Delhi High Court recently ordered the Delhi government Chief Secretary to speed up sanctioning ₹387 crore to make 691 district-level courts in the national capital hybrid [Anil Kumar Hajelay & Ors v Hon’ble High Court of Delhi]..A Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said that the entire project should be implemented on priority basis. The Bench rejected the government’s argument that the financial approval needs to be sent to the cabinet.It said there is no need for cabinet approval since the money required is less than ₹500 crore.“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 [of 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,” the Court said.It added,“Consequently, 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 ₹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 Division Bench passed these directions while dealing with a plea regarding digitisation of Delhi’s courts.When the matter was taken up for hearing on July 18, the Delhi government told the Court that they are committed to providing infrastructure for implementing hybrid hearings in district courts, especially in light of the new criminal lawsIt was stated that to test the efficacy and smooth working of the overall project of the hybrid system of hearing, it would be more viable that the same is initially introduced in two pilot courts in every district court complex (total seven in number) out of the proposed 691 Courts.The Bench allowed the request and said the government is initially permitted to set up two pilot courts per district court complex.However, the Registrar General of the High Court will decide which courts need to be in the pilot project. The matter will be heard next on September 30..Petitioner Anil Kumar Hajelay appeared in person.Advocates Amit George and Arkaneil Bhaumik appeared for the Delhi High Court.The Delhi government was represented by its Additional Standing Counsel Anuj Aggarwal as well as advocates Arshya Singh, Yash Upadhyay, Siddhant Dutt, and Sanjay Verma..[Read Order]