Delhi High Court issues directions to make e-filing robust in district courts, weed out records of 7.5 lakh cases

The Delhi High Court recently passed a series of directions to make e-filing in district court robust and for weeding out physical records of cases by digitising them [Karan S Thukral v The District & Sessions Judge & Ors]..A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that Centralised Filing System shall be implemented in all the district courts and the Registrar General of the High Court will initiate steps to make e-filing mandatory in all civil and criminal complaint cases.The Court said that mandatory e-filing of pleadings, documents and interim applications in all suits related to commercial disputes under the Commercial Suits Act, 2015 as well as complaints under Section 138 of the Negotiable Instruments, 1881 and all appeals and revisions shall be done through e-filing as mandated in the notification dated February 22, 2022 under e-filing Rules of the High Court of Delhi, 2021.“Rules Branch of this Court is directed to expedite the process of amending rules as directed in case of Tarif Singh (supra) so that the record (except documents required to be preserved permanently) may be weeded out upon digitization in District Courts within five weeks. As directed in the case of Tarif Singh (supra), the category of petty cases which do 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 (2) weeks,” the Court ordered.The order was passed while dealing with a Public Interest Litigation (PIL) petition highlighting lack of a uniform procedure for filing of documents, applications, pleading and judgements etc. in Delhi’s district courts.On January 4, a status report was filed by the High Court registry stating that nearly 7.5 lakh cases have been identified and are ready to be weeded out in the district courts.The Court observed that weeding out these cases on priority will ensure creation of required physical space in courtrooms and record rooms.“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,” the bench said. It also observed that there is a need to adhere to and insist on strict e-filing of pleading, documents and applications etc. in the jurisdictions which have already been notified under the e-filing and this may be achieved by gradually discouraging the acceptance of physical filing in notified jurisdiction..The Court said that criterion for cases of historical importance be finalised on priority by Principal District & Sessions Judge (HQ) in consultation with other Principal District & Sessions Judges within two weeks.“Upon finalisation of criterion in respect of petty cases and cases of historical importance, the process to weed out files which are ready for weeding be initiated preferably within three weeks in all District Courts,” the Court further said.A committee to supervise weeding out of record in all districts shall be constituted in all District Courts by concerned Principal District & Sessions Judges within two weeks, the Court ordered.“The said committee shall comprise of a Senior District Judge rank DHJS [Delhi Higher Judicial Services] officer, officer In-charge of records room, a DJS [Delhi Judicial Services] 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”The Court further ordered the Principal District & Sessions Judges to 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.A compliance report has to be filed before February 13 by the High Court’s Registrar General..The Court was also told that the Delhi government has given the required financial sanction for digitization of records and the Centralised Computer Committee of District Courts is in process of issuing a tender..The Bench considered these facts and issued the directions.The case will be heard next on February 13..Advocate Sahil Ralli appeared for petitioner Karan S Thukral.Standing Counsel Avnish Ahlawat along with advocates NK Singh, Laavanya Kaushik and Aliza Alam appeared for the Delhi government and other respondents.Advocate Shubham Mahajan represented the High Court. .[Read Order]