HC unhappy with facilities for hybrid hearings, summons Delhi principal secretaries

The Delhi high court on Wednesday summoned the Delhi government’s principal secretaries of law, finance and food supplies to appear before it on September 6, while expressing its dissatisfaction for not providing proper infrastructure to facilitate hybrid hearings in trial courts and quasi-judicial bodies in Delhi

The Delhi high court on Wednesday summoned the Delhi government’s principal secretaries of law, finance and food supplies to appear before it on September 6, while expressing its dissatisfaction for not providing proper infrastructure to facilitate hybrid hearings in trial courts and quasi-judicial bodies in Delhi.

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A bench of justices Vipin Sanghi and Jasmeet Singh said a bit of sensitivity needs to be shown by the authorities keeping in mind the fact that a third wave of Covid-19 is anticipated in October. The judges said in the past four months, nothing has happened in terms of upgrading infrastructure for facilitating virtual hearings in district courts.

“Why are you sitting on the matter and not providing infrastructure? We are not going to accept this. We express our complete dissatisfaction over the manner in which the Delhi government is dealing with the situation. A little sensitivity needs to be shown by the Delhi government for the functioning of virtual courts in relation to district courts and other quasi-judicial bodies in Delhi,” the court said.

The directions and observations came while the judges were hearing two pleas by advocates Anil Kumar Hajelay and Manashwy Jha, seeking hybrid hearings in district courts on physical hearing days in view of the Covid-19 third wave threat.

The high court had earlier asked the Delhi government to file an affidavit on the steps taken by it to provide infrastructure to subordinate courts for hybrid hearings.

On Wednesday, the court noted that a half page status report has been filed by the government and directed it to file a better affidavit on the next date of hearing.

Appearing for the Delhi government, advocate Shadan Farasat said the matter was being held up by different departments and he himself was not satisfied with the measures put in place.

To this, the bench said, “Your non-satisfaction will not help the cause. The attitude (of government) is not correct. Third wave is expected in October and we are only trying to put in place a better system so that no inconvenience is caused to litigants. Four months have passed since the last order and nothing has happened.”

During the hearing, senior advocate Manish Vashisht said since physical hearings in both the high court and district courts are resuming shortly, directions may be issued to limit the litigants entering the premises and to ensure that even advocates visiting the courts are vaccinated.

He also said a guideline be laid down that advocates need to produce an electronic copy of the vaccination certificate for verification purposes.

The court accepted these as good suggestions, and said they may be given to the bar associations and also the registrar general of the high court for further action.