District Courts to Enforce Mandatory E-Filing and Digitization for Civil and Criminal Cases: Delhi High Court

January 10, 2024by Primelegal Team0

Case Title:  Karan S Thukral v. The District & Sessions Judge & Ors

Case No: W.P.(C) No. 6082 of 2019

Decided on:  4th January, 2024

CORAM: THE HON’BLE MR. ACTING CHIEF JUSTICE MANMOHAN, HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

Introduction

A public interest litigation was instituted to address the absence of a standardized procedure for acknowledging pleadings, documents, and applications filed in the district courts of Delhi.

Court’s analysis and decision

The Delhi High Court has issued a recent directive mandating the electronic filing of pleadings, documents, and interim applications in both civil and criminal complaint cases across all District Courts in the national capital.

Instructing the implementation of the “Centralised Filing System” for filing related to both ongoing and pending cases, a division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora stated:

Mandatory e-filing of pleadings, documents and interim applications shall be adhered to in the jurisdictions already notified vide notification no.12/Rules/DHC dated 22nd February, 2022 under e-filing Rules of the High Court of Delhi, 2021.”

The court issued a series of directives aimed at enhancing the e-filing system, streamlining the record-keeping process, and promoting digitization of decided cases across all district courts. The court instructed the Registrar General to take necessary measures to expand mandatory e-filing to cover all remaining Civil Jurisdictions and Criminal complaint cases in District Courts, aligning with the e-filing Rules of the High Court of Delhi, 2021. A dedicated effort to digitize the record of decided cases in record rooms of all District Courts was mandated, with the provision of essential ICT infrastructure and manpower by the respective Principal District & Sessions Judges. Furthermore, the court specified that within three weeks, the initiation of the weeding-out process for files ready for disposal, based on established criteria for petty cases and those of historical significance, should commence across all District Courts.

The court has established a committee to oversee the elimination of records in all District Courts, to be completed by Principal District & Sessions Judges within two weeks. The committee will consist of a Senior District Judge, the officer in charge of the records room, a DJS officer, and the in-charge/superintendent of the records room. It will conduct fortnightly reviews of the disposal and elimination of records and submit reports to the respective Principal District & Sessions Judges.

Furthermore, all District Courts must submit a quarterly report for the first quarter of 2024 to the High Court’s Registrar General for evaluation and monitoring by April 15. The court directed Principal District & Sessions Judges to ensure the availability of certified copies of records to applicants, regardless of the records’ status in the records rooms.

The bench emphasized the importance of strengthening the e-filing process in Delhi’s District judiciary and making e-filing mandatory for Civil and Criminal complaint cases in the remaining jurisdictions. The court suggested gradually discouraging physical filing in already notified jurisdictions to promote strict adherence to e-filing rules.

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Written by- Afshan Ahmad

Click here to read the judgement

Primelegal Team

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