In a recent ruling in Anil Kumar Hajelay & Ors v. Hon’ble High Court of Delhi, the Delhi High Court directed the Chief Secretary of the Delhi government to expedite the approval of ₹387 crore to establish 691 district-level courts in the national capital area.
Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, sitting on the Division Bench, declared that the project should be carried out in its entirety as a matter of urgency.
The government’s claim that the cabinet must receive the financial permission was rejected by the Bench.
It stated that since the required amount of money is less than ₹500 crore, cabinet permission is not necessary.
“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.”
While considering a plea pertaining to the digitisation of Delhi’s judicial system, the Division Bench issued these directives.
The Delhi government informed the court during the hearing on July 18 that, in light of the new criminal laws, they are dedicated to providing the infrastructure needed to execute hybrid hearings in district courts.
It was suggested that, of the 691 courts that are planned, it would be more practical to start with two pilot courts in each district court complex, for a total of seven pilot courts, in order to assess the whole project’s effectiveness and seamless operation.
The government may initially establish two pilot courts each district court complex, the Bench granted the motion.
Which courts must be included in the experimental initiative will be determined by the High Court’s Registrar General, though.
September 30 is when the case will next be heard.
Anil Kumar Hajelay, the petitioner, was present in person.
For the Delhi High Court, attorneys Amit George and Arkaneil Bhaumik made an appearance.
The Delhi government was represented by attorneys Arshya Singh, Yash Upadhyay, Siddhant Dutt, and Sanjay Verma in addition to its Additional Standing Counsel, Anuj Aggarwal.
