The Delhi High Court recently ordered the Delhi government Chief Secretary to expedite the approval of ₹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 emphasized that the entire project should be implemented on a priority basis.
The Bench rejected the government’s argument that the financial approval needed to be sent to the cabinet, stating that cabinet approval is unnecessary since the required amount is less than ₹500 crore.
“Since the expenditure involved for hybrid hearings is less than ₹500 crores and the policy of hybrid hearings 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.
The Court added,
“Consequently, this Court directs the Chief Secretary, GNCTD to simultaneously proceed with and expedite the matter regarding the grant of financial sanction in respect of all the 691 Courts as stated in the preliminary estimate dated April 19, 2024, for a sum of ₹387,03,19,388/- as per the configuration approved by NIC and to implement the entire project on a priority basis. It is clarified that a comprehensive tender for all the 691 Courts, including pilot courts, shall be floated.”
The Division Bench issued these directions while addressing a plea regarding the digitisation of Delhi’s courts.
When the matter was heard on July 18, the Delhi government informed the Court of their commitment to providing the infrastructure necessary for implementing hybrid hearings in district courts, especially in light of the new criminal laws.
It was proposed that to test the efficacy and smooth functioning of the hybrid hearing system, it would be more viable to initially introduce it in two pilot courts in every district court complex (a total of seven) out of the proposed 691 courts.
The Bench allowed this request, permitting the government to initially set up two pilot courts per district court complex. However, the Registrar General of the High Court will decide which courts will be part of the pilot project.
The next hearing is scheduled for September 30.
Petitioner Anil Kumar Hajelay appeared in person.
Advocates Amit George and Arkaneil Bhaumik represented the Delhi High Court.
The Delhi government was represented by its Additional Standing Counsel Anuj Aggarwal and advocates Arshya Singh, Yash Upadhyay, Siddhant Dutt, and Sanjay Verma.
