District Courts Bound To Facilitate Hybrid/ VC Hearing At Parties' Request, As Per Full Court's Directions: Delhi HC

The Delhi High Court on Wednesday remarked that once its Full Court has permitted the city district courts to allow hybrid or video conferencing facility at the request of parties, the Courts are bound to follow the said directions.

Justice Vipin Sanghi and Justice Jasmeet Singh issued notice on a plea concerning the issue of district courts not permitting hybrid hearings despite the directions of the Full Court.

The application was filed by Anil Kumar Hajelay, original petitioner in the plea stating that Delhi's Subordinate Courts and Quasi Judicial bodies must hold hybrid hearings for the benefit of counsels who suffer from co-morbidities and are unable to appear before the Court physically, due to Covid-19.

"High Court has already issued directions. They are bound to comply with it," Justice Vipin Sanghi said.

During the course of hearing today, the petitioner submitted that despite the directions on the district courts to permit hybrid and VC hearing facility and orders being passed on the administrative side, the District Courts were not complying with the same.

It was also submitted that despite the advocates making requests in advance, permission was not being granted.

"One courtroom in the Rouse Avenue Court is holding hybrid hearing whereas the adjacent Court is not doing it," the applicant submitted.

Advocate Anuj Aggarwal appearing for the State agreed to the issue raised and said that even he has faced similar difficulties.

Advocate Anurang Ahluwalia appearing on behalf of the Delhi High Court sought time from the Court to seek appropriate instructions in the matter.

While issuing notice on the plea, the Court listed the matter for further hearing tomorrow and said that it might pass directions in the application.

In the previous course of hearing in the petition, expressing its apprehension on the increasing number of Covid-19 cases, the Court had observed that the system of infrastructure for conducting hybrid hearings in district courts and other quasi judicial bodies in the city must be in place in case the situation so arises.

Earlier, observing that citizens' right of access to justice has been gravely hampered due to the ongoing Covid-19 pandemic, the Court directed the Delhi Government to take expeditious steps for providing infrastructure and other facilities for hybrid hearings in district courts and quasi-judicial bodies.

It also clarified that in case the said proposal is turned down by the Delhi Government, it will place before the Court complete statement of expenditure incurred by it April 1, 2020 onwards, on the grant of subsidies and public advertisements. 

"Access to justice is the right which is available to all citizens and on account of ongoing pandemic, the same has been gravely hampered. The district courts as well as consumer forums/ tribunals are not being able to function efficiently due to lack of infrastructure and other facilities. The arrears of cases are mounting, people have to wait for redressal of their grievances," the bench had said.

Case Title: ANIL KUMAR HAJELAY & ORS. v. HON'BLE HIGH COURT OF DELHI