DELHI HIGH COURT

KARAN S THUKRAL VERSUS
THE DISTRICT & SESSIONS JUDGE & ORS .

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

Delhi High Court Orders Mandates E-Filing For Civil & Criminal Cases In District Courts and DigiDelhi High Court Orders Mandatory E-Filing For Civil & Criminal Cases In District Courts, Digitisation Of Records Of Decided Cases and Digitisation Of Records Of Decided Cases

7.2. This Court has been informed that the requisite financial sanction for digitization of record has been received from GNCTD and the Centralised Computer Committee, District Courts, is in process of issuing a tender. It is further stated that in compliance of directions issued in Tarif Singh (supra) the process of amending rules has been initiated by the Rules Branch of this Court. 7.3. In case of Sarvesh vs. The Registrar General, High Court of Punjab and Haryana1 the bench headed by Chief Justice, Supreme Court of India has observed that the use of technology by the Bar and the Bench is no longer an option but a necessity. In the State of Delhi, post COVID-19 pandemic, the judicial eco-system has aligned towards a Hybrid Court model. The e-Courts phase-III has also emphasised on the same. In life cycle of a litigation under the ICT eco-system strengthening of e-filing and virtual hearings is cardinal and indispensable.
7.4. The issues raised in the present petition regarding non-registration of interim applications in District Courts has its roots in the issue that currently e- filing is not mandatory in all Civil jurisdictions and Criminal complaint cases. In, facility of an e-filing is made available in all the jurisdictions, the issue of non-registration of interim applications will inevitably stand addressed.
7.5. This Court vide Notification bearing No. 12/Rules/DHC and dated 22nd February, 2022, has implemented e-filing in all the jurisdictions in this (High) Court. However, in respect of District Courts only following jurisdictions were notified for mandatory e-filing:
(i) All suits and Applications relating to Commercial disputes under the Commercial Courts Act, 2015.
(ii) Complaints under section 138 of the Negotiable Instruments Act, 1881.
(iii) All Appeals and Revisions
7.6. Consequently, the practice of physical filing of pleadings, documents and interim application is still continuing in remaining jurisdictions (for instance non-commercial civil suits, family courts etc.) which are not yet notified for e- filing.
7.7. In the considered opinion of this Court, it would therefore, be in the interest of all the stakeholders that firstly, the e-filing process is made robust in the District judiciary so that parties as well as advocates can easily avail the facility of filing pleadings, documents and interim application online. Secondly, the e-filing be made mandatory in remaining Civil jurisdictions and Criminal complaint cases before the District Courts.

i. A committee to supervise weeding out of record in all districts be constituted in all District Courts by concerned Principal District & Sessions Judges within two (2) weeks. The said committee shall comprise of a Senior District Judge rank DHJS officer, officer In-charge of records room, a DJS officer and In-charge/superintendent of records room. The committee shall carry out fortnightly review of consignment and weeding out of record in the records rooms and present its report to concerned Principal District & Sessions Judge. A quarterly report for the first quarter of 2024 shall be filed by all District Courts with the office of Registrar General of this Court for review and monitoring on or before 15th April, 2024.
j. All the learned Principal District & Sessions Judges shall ensure that certified copies of record shall be made available (to the applicant) as per rules, irrespective of position of consignment to the record rooms.

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