Upload Orders, Judgments immediately after Judges sign them, Madras HC instructs Court Registry

Taking note of frequent complaints regarding the non-availability of orders and judgments, the Madras High Court has directed that orders and judgments should be uploaded online on the Court website immediately after they are signed by the concerned judges..Further, the Court has directed that the concerned government authorities are obliged to accept web copies of such judgments and orders for compliance, after verifying the same with the Madras High Court website..As stated in its order,.“… judgments/orders signed by the Hon’ble Judges, shall be uploaded in the official website of the Hon’ble High Court of Madras without causing any undue delay and at the earliest possible. The respective learned counsel appearing for the parties to the lis can download the orders/judgment copies from the official website of the Hon’ble High Court of Madras and the copy of the order shall be attested with the Name and Seal of the learned counsel on record along with the enrollment number and communicate the same to all the parties concerned for implementation of the orders/judgments of this Court....… the Registry, High Court of Madras also shall ensure that the orders/judgments signed by the Hon’ble Judges shall be uploaded in the official website immediately and without any delay.“.Justice SM Subramaniam issued this order while disposing of a dispute concerning the provision of electricity services to the litigant. While the matter was being heard, the petitioner raised a concern that copies of orders and judgments were generally made available belatedly by the High Court registry..The Court took serious note of the concern, observing that,.“Such complaints are frequently received from the members of the Bar, more specifically, when certain urgent orders/judgments are passed. The Registry is preparing and issuing the certified copy of the orders/judgments and on account of delay, the orders/judgments are unable to be implemented in time inspite of the directions issued by the Court. .The general complaint at large by the members of the Bar is that there is an enormous delay in issuing the certified copy of the orders/judgments by the Registry of the Hon’ble High Court of Madras.“.Justice Subramaniam went on to opine that, while it cannot be ignored, the large pendency of cases before the High Court cannot be cited as an excuse to delay the publication of signed orders/judgments. To address the problem, the judge suggested that the Court registry consider ensuring the availability of orders/judgments to litigants/counsels based on the urgency of the case..“The fact regarding a large number of pendency of cases before the Courts cannot be brushed aside. It may be practically difficult for the Registry High Court to issue the certified copy of the orders/judgments in all cases within a short span of time. .However, the Registry has the option to segregate the orders/judgments based on the urgency and considering the nature of the orders and accordingly, issue the certified copy of the orders to avoid inconvenience both to the litigants as well as to the learned counsels appearing for the parties. This is one way of minimizing the problem.“.The judge then observed that a more viable alternative to resolve the issue is to ensure that the orders and judgments uploaded on the official Madras High Court website are accepted by the concerned authorities for enforcement of the same. The order notes,.“However, the same [issuance of orders/judgments based on urgency] may not be sufficient to fulfill the requirements of the litigants and the learned counsels appearing for the parties. Thus, it is necessary to provide an alternate mechanism, which is very much available within the domain of the Hon’ble High Court. .Soon after the original copy of the judgments/orders are signed by the respective Hon’ble Judges, the said orders/judgments are being uploaded in the official website of the Hon’ble High Court of Madras in www.hcmadras.tn.nic.in. Once the judgments/orders are uploaded in the official website of the Hon’ble High Court of Madras, the same are made available for all in the public domain. The orders/judgments can be downloaded by the respective parties or by any other person..“It is needless to state that even the Government orders/instructions are now uploaded in the Government official website, enabling the Subordinate officials and the public at large to download such orders and act accordingly or to utilize the same for their benefit. This being the practice already in force, more specifically, for a considerable length of time, such a procedure shall be adopted in respect of the orders/judgments passed by the High Court also.“.The Court has, therefore, directed that the competent/concerned authorities accept copies of online of Madras High Court judgments or orders for the purpose of implementing them, after verifying the same with the Madras High Court website. In the event that an authority refuses to accept the authentic web copy of the judgment/order, the aggrieved litigant may approach the Court..“In the event of communicating any such orders / judgments downloaded and printed from the official website of the Hon’ble High Court of Madras, the authorities concerned / competent are bound to receive the same and verify the authenticity of the copy of the order with the official website of the Hon’ble High Court of Madras and thereafter, initiate action for effective implementation without any further delay..It is clarified that the authorities concerned cannot reject or refuse the printed copy of the downloaded orders/judgments communicated by the respective learned counsels. All concerned officials are directed to acknowledge all such orders/judgments and act accordingly. In the event of any violation in this regard, the persons aggrieved are at liberty to approach the Court by filing an appropriate application for violation of the Court orders/judgments.”.The Court has directed the order be circulated to concerned government departments, officials and subordinate courts to ensure its compliance. The government and the court registry has also been directed to frame consolidated instructions on this issue within four weeks from the receipt of the order..The matter has been posted to be taken up next on February 14..Read the Order: