Delhi High Court: A Public Interest Litigation (‘PIL’) was filed seeking a direction for implementation of a uniform procedure for all miscellaneous filing including documents, applications, list of judgments, etc during proceeding/case/trial pending before a District Court, through the filing counter/filing department/ registry and a complete embargo on all miscellaneous filing across the bar in the District Courts except in cases which warrant an exception to be adopted in grave facts and circumstances, or in cases where such miscellaneous filing or receiving of the documents directly by the Court was provided under the law. The Division Bench of Manmohan, ACJ.*, and Manmeet Pritam Singh Arora, J., opined that there was a pressing need to take dedicated measures in the District Courts for first strengthening e-filing and secondly, streamlining weeding out as well as digitization of disposed of record.
The Court vide order dated 17-08-2023 had issued directions for implementation of a Centralised Filing System on pilot basis in New Delhi District. The Court noted that these directions were complied with, and the Centralised Filing System was successfully implemented in Patiala House District Courts and was working efficiently. The Court had earlier directed all the District Judges to ensure that after the disposal of a case, its records should be immediately consigned to the record room by the custodian of the record.
The Court opined that the steps for consignment of decided cases from the Courts to the record room required urgent action, since in most of the District Courts, the process of consignment of files of the years 2015 to 2021 was still under progress. The Court noted that approximately 7,50,000 cases were identified and were ready to be weeded out in all the District Courts. The Court opined that weeding out on priority would ensure creation of required physical space in court rooms and the record rooms.
The Court opined that the issues regarding non-registration of interim applications in District Courts had its roots in the issue that currently e-filing was not mandatory in all Civil jurisdictions and Criminal complaint cases. The Court stated that vide Notification No. 12/Rules/DHC and dated 22-02-2022, had implemented e-filing in all the jurisdictions in this Court. However, in respect of District Courts only following jurisdictions were notified for mandatory e-filing:
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All suits and Applications relating to Commercial disputes under the Commercial Courts Act, 2015;
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Complaints under section 138 of the Negotiable Instruments Act, 1881;
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All Appeals and Revisions.
Therefore, the Court stated the practice of physical filing of pleadings, documents and interim application was continuing in remaining jurisdictions (for instance non-commercial civil suits, family courts etc.) which were not yet notified for e-filing. The Court opined that it would, therefore, be in the interest of all the stakeholders that firstly, e-filing process was made robust in the District judiciary so that parties and advocates could easily avail the facility of filing pleadings, documents, and interim applications online. Secondly, e-filing should be made mandatory in remaining Civil jurisdictions and Criminal complaint cases before the District Courts.
The Court opined that there was a pressing need to take dedicated measures in District Courts for first strengthening e-filing and secondly, streamlining weeding out as well as digitization of disposed of record. Thus, the Court issued the following directions:
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Centralised Filing System be implemented in all the District Courts in terms of the order dated 17-08-2023 passed in the present petition.
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Mandatory e-filing of pleadings, documents and interim applications should be adhered to in the jurisdictions already notified vide Notification no.12/Rules/DHC dated 22-02-2022 under e-filing Rules of the High Court of Delhi, 2021.
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The Registrar General should initiate steps for extending mandatory e-filing in all remaining Civil Jurisdictions and Criminal complaint cases in District Courts, as per the e-filing Rules of the High Court of Delhi, 2021.
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Digitization, in a dedicated manner, be started in record rooms of all District Courts to digitize the record of decided cases. Necessary ICT infrastructure and manpower should be provided to the record rooms by the Principal District & Sessions Judge concerned.
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Rules Branch of this Court should expedite the process of amending rules so that the record (except documents required to be preserved permanently) might be weeded out upon digitization in District Courts within five weeks.
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A committee to supervise weeding out of record in all districts be constituted in all District Courts by Principal District & Sessions Judges concerned within two weeks. The said committee should 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.
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All the Principal District & Sessions Judges should 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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The category of petty cases which did not require digitization and category of cases which need to be prioritized for digitization, be chalked out on priority by Principal District & Sessions Judge (HQ) in consultation with other Principal District & Sessions Judges within two weeks. Further, criterion for cases of historical importance be finalized on priority by Principal District & Sessions Judge (HQ) in consultation with other Principal District & Sessions Judges within two weeks. Upon finalization of criterion in respect of petty cases and cases of historical importance, the process to weed out files which were ready for weeding be initiated preferably within three weeks in all District Courts.
The matter would next be listed on 13-02-2024 for compliance.
[Karan S Thukral v. District & Sessions Judge, 2024 SCC OnLine Del 94, decided on 04-01-2024]
*Judgment authored by: Acting Chief Justice Manmohan
Advocates who appeared in this case:
For the Petitioner: Sahil Ralli, Advocate
For the Respondents: Avnish Ahlawat, SC; N.K. Singh, Laavanya Kaushik, Aliza Alam, Shubham Mahajan, Advocates
