The Delhi High Court has directed the Chief Secretary of the Government of National Capital Territory of Delhi (GNCTD) to accelerate the sanctioning of Rs 387 crore for enabling hybrid hearing facilities in 691 district-level courts.
The order was passed last week by the Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela.
Noting the urgency of implementing the entire project, the High Court ordered the Chief Secretary, GNCTD to float a comprehensive tender for all the 691 Courts, including pilot courts, without delay.
The Chief Secretary was directed to expedite the grant of financial sanction in respect of all 691 Courts as stated in the preliminary estimate dated April 19, 2024, for a sum of Rs 387,03,19,388/- as per the configuration approved by NIC and to implement the entire project on a priority basis.
The Counsel appearing for the GNCTD contended that a Cabinet approval was necessary for financial sanction, as the expenditure fell below the Rs 500 crore threshold requiring such approval under Clause 9 of the Schedule of Transaction of Business Rules.
The Bench noted that since the expenditure involved for hybrid hearing was less than Rs 500 crore and the policy of hybrid hearing had already been implemented in the High Court of Delhi by the GNCTD, Clause 9 of the Schedule was not attracted and no mandatory Cabinet approval was required.
The matter should brook no delay as technology would soon become obsolete, it added.
On July 18, the GNCTD had assured the High Court of its commitment to enhance infrastructure for hybrid hearings in district courts, especially in light of new criminal laws.
The Counsel apprised the Bench that a series of meetings have been held to discuss inter-alia, the road map to implement new criminal laws in the NCT of Delhi between officers from jail administration, forensic science laboratories, senior police officers, senior officers of the Departments of Law and Home, GNCTD, with the Chief Secretary, GNCTD.
The government proposed to initiate the hybrid system initially in two pilot courts per district court complex, totalling seven pilot courts out of the proposed 691, he added.
The High Court accepted the proposal, allowing the government to proceed with setting up two pilot courts per district court complex, subject to the decision of the Registrar General of the High Court.
The Bench noted in its order that considering the submissions made and in the totality of the facts & circumstances, it was permitting the GNCTD to initially set up two pilot courts per court complex instead of two pilot courts per district in terms of the order dated April 29, 2024. However, the choice of the two pilot courts shall be decided by the Registrar General, Delhi High Court. The order dated April 29, 2024, has been modified to that extent, it added.
The High Court listed the matter for further hearing on September 30.
Advocates Amit George, Ankaneil Bhaumik and Adhishwar Suri appeared for Respondent No. 1. Advocates Abhilash Malhotra (CPC), Anug Aggarwal, ASC with Arshya Singh, Aakash Dahiya, Yash Upadhyay, Siddhant Dutt and Sanjay Verma represented Respondent No. 2.