The Delhi High Court on Thursday expressed dismay at the Delhi government approving over Rs 79 crore towards implementing Hybrid Hearing Project at all subordinate courts and quasi-judicial forums in the capital without consulting with experts.
The Division Bench comprising Justice Vipin Sanghi and Justice Jasmeet Singh was hearing a plea filed by some practicing lawyers, who are all senior citizens, seeking directions to hold hybrid hearings at subordinate courts and quasi-judicial bodies in Delhi, on the ground that there are several counsels who suffer from co-morbidities and are unable to appear before courts physically due to the Covid-19 pandemic threat.
While stating that proposals involving expenditure of public exchequer should be duly scrutinized, keeping in view all aspects, the Bench asked the Delhi Government to apprise the Court as to how the revised estimate been approved without involvement of experts.
In addition, the Bench directed the Registrar General of the High Court to respond to the revised estimate prepared by the PWD on the basis of the opinion of experts from relevant fields. The Bench said that the response must state specifically as to whether the revised guidelines are sufficient to conduct hybrid hearings.
The Bench also directed the Delhi Government to file a Status Report indicating steps taken to initiate hybrid hearings in quasi-judicial and other forums.
Raising concern over delay in providing necessary infrastructure and other facilities for functioning of proceedings in hybrid mode, the Bench, on a previous date of hearing, had directed the Delhi Government to file a status report pointing out a list of all Tribunals or other authorities which comes within the administrative control of the Government. The Bench stated thus: “Access to justice is a vital right which is available to all, and on account of the ongoing Pandemic, the same has been gravely hampered. The District Courts as well as the Consumer Forums/ Courts & Labour Commissioners are not being able to function efficiently due to lack of infrastructure and other facilities. The arrears of cases are, therefore, mounting and the people are having to wait endlessly to get legal redressal of their grievances. There is no scientific report to suggest that we are about to see any end of the ongoing Pandemic. It appears that we are in for a long haul, and hearing of cases through the online mode may have to be resorted to for an indefinite period of time, before we are able to resume full physical functioning of Courts, Consumer Courts/ Forums and Labour Commissioners.”
“Therefore, in our view, the Government of the National Capital Territory of Delhi (GNCTD) cannot be seen to be hesitating or vacillating in providing the necessary infrastructure and other facilities for functioning of online Courts/quasi-judicial bodies. This is a bullet, which the GNCTD will have to bite,” added the Bench.