Following Supreme Court's Direction, Allahabad HC Enables E-Filing Facilities For Litigants 'In Person' At UP District Courts

In a communication addressed to all the District Judges in the State of Uttar Pradesh, the Registrar General of the Allahabad High Court on Tuesday enabled e-filing for litigants 'in-person' through the e-Sewa Kendras of the District Courts of Uttar Pradesh to maximize the utilization of the eSewa Kendras. Importantly, this move comes 8 days after the Supreme Court's April 15 order wherein the top court asked the HC's Registrar General to enable an e-filing facility at e-Sewa Kendras for all the district courts across the state. "e-filing for litigants 'in-person' be enabled through e-Sewa Kendras of the District Courts of Uttar Pradesh. The option of photo identity verification be removed from the process of e-filing at the e-Sewa Kendras of District Judiciary. The litigant must appear 'in person' at the e-sewa kendras for e-filing. Scanned Notary affidavits bear- ing a photograph of the deponent be used with esfiled cases," the circular states. It may be noted that on 18 October 2023, the Registrar General of the High Court addressed a communication to all the District Judges in the State of Uttar Pradesh stating that e-filing would ensure optimum utilization of e-Sewa Kendras and provide citizen-centric service to litigants and advocates. However, this communication was put in abeyance vide another circular issued on October 28, 2023. Subsequently, a writ petition before the Top Court under Article 32 was filed challenging the Registrar General's communication of October 28, 2023. AOR Mr K Parmeshwar appearing on behalf of the Allahabad High Court, placed on record the Rules framed by the High Court in the exercise of the constitutional authority rested in it under Article 225 of the Constitution. The attention was drawn to Rule 3A of Rules of The Court 1952 which provided "[3-A. (i) Unless the Court grants leave, an Advocate who is not on the Roll of Advocates in the High Court at Allahabad or Lucknow shall not be allowed to appear, act or plead in the High Court at Allahabad or Lucknow as the case might be unless he files appointment along with an Advocate who is on such roll for Allahabad Cases at Allahabad and for Lucknow Cases at Lucknow...." Thus Mr Parmeshwar submitted the following: (1) As regards the e-filing by litigants, the provisions contained in the circular dated 18.10.23 shall be restored; (2) As regards filing through an advocate, the requirements of Rule 3A(i) specifically indicate that an advocate who is not on the rolls of the advocates in the Allahabad and Lucknow High Courts shall not be allowed to appear at the or plead in the High Court only by filing an appointment together with an advocate whose on the roll of Allahabad and Lucknow respectively. Thus, he contended that for advocates to file for hybrid hearings of cases in the High Court, Rule 3A must be considered. The bench also noted Rule 3A(iii), which indicates that the roll of advocates has to bear the name and other details of the residence and office, which shall be within the limits of the city of Allahabad and Lucknow as the case may be. (iii) The Roll of Advocates shall bear in regard to each advocate entered, his full name, father's name, passport size coloured photograph, enrolment number, date of enrolment, complete postal address both of residence and office which shall be in the municipal limits of the city of Allahabad or Lucknow as the case might be. Considering the above provisions on the High Court Roll of Advocates and the procedure to be followed to appear in the High Court by an advocate, not on the High Court rolls per se, the bench had observed that the High Court would be at liberty to seek compliance as per the above-discussed provisions for the efficient functioning of the E-Seva Kendras.

Following Supreme Court's Direction, Allahabad HC Enables E-Filing Facilities For Litigants 'In Person' At UP District Courts

Sparsh Upadhyay

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