SC Orders Expansion Of E-Filing And Hybrid Hearings All Across Uttar Pradesh District Courts

It is definitely a matter of paramount satisfaction to note that for the optimum utilization of the e-Sewa Kendras established in the District Courts of Uttar Pradesh and so also consequent to the directions contained in the order of the Hon’ble Supreme Court of India dated 15.04.2024 passed in Writ Petition(s) Civil No(s). 1429/2023, Md Anas Chaudhary Vs Registrar General High Court of Judicature at Allahabad which additionally directs compliance of Rule 3-A of Chapter XXIV of the High Court Rules 1952 with respect to e-filing through e-Sewa Kendras of District Courts of Uttar Pradesh, the Registrar General of Allahabad High Court has been directed to communicate the following directions of this Hon’ble Court to all the District Judges of Uttar Pradesh :-

“e-filing for litigants ‘in-person’ be enabled through e-Sewa Kendras of the District Courts of Uttar Pradesh. The option of photo identity verification be removed from the process of e-filing at the e-Sewa Kendras of District Judiciary. The litigant must appear ‘in person’ at the e-sewa kendras for e-filing. Scanned Notary affidavits bearing a photograph of the deponent be used with e-filed cases.”

To recapitulate, it must be always borne in mind that we had witnessed that how for ensuring that e-filing facility is started in all the district courts of Uttar Pradesh, a senior lawyer and so also the incumbent General Secretary of Meerut Bar – Mr Amit Dixit and so also another eminent lawyer Mr Siddharth Jain had filed a writ in the Apex Court. The stellar role played so well by the General Secretary of Meerut Bar – Mr Amit Dixit in ensuring that Supreme Court approved e-filing of cases by relentlessly pursuing the case in Apex Court will always be written in golden letters in the golden pages of history and all the litigants all across UP must be deeply indebted to him and aided ably by his top legal team for ensuring that such a great arduous job considered a pipe dream still some time back is translated into reality. The Apex Court also found clear merit in their arguments for starting e-filing facility in the district courts of Uttar Pradesh.

Consequently, we saw how while ruling in favour of e-filing of cases in the district courts in Uttar Pradesh on April 15, the Apex Court Bench comprising of Hon’ble CJI Dr Dhananjaya Yashwant Chandrachud, Hon’ble Mr Justice JB Pardiwala and Hon’ble Mr Justice Manoj Jain had directed this e-filing facility to be started in all the district courts of Uttar Pradesh. Additionally, the Court specified that within two weeks, hybrid hearings before the High Court, facilitated by virtual setups in the District Courts of Western UP, should be conducted in accordance with the Allahabad High Court Rules (Rules of 1952). We ought to note that the most commendable directive stems from a writ petition that had been filed under Article 32, contesting a prior communication dated 28.10.23 from the Registrar General as I have just pointed out. This communication had also instructed the District Judges statewide in Uttar Pradesh to suspend the compliance with the directives issued by the High Court on 18.10.23. On October 18, 2023, the High Court, in its administrative communication, issued the following directives aimed at maximizing the utilization of E-Seva Kendras and enhancing the provision of citizen-centric services to litigants and advocates through e-filing:

“…e-filing facility must be enabled at the e-Sewa Kendras of the District Courts of Uttar Pradesh alongwith the facility of e-affidavit. The option of photo identity verification shall be removed from the process of e-filing at the e-Sewa Kendras of District Judiciary. The litigant/lawyer must appear ‘in person’ at the e-sewa kendra for e-filing.”

Following that, we then also saw how on October 28, 2023, the Allahabad High Court Registrar General had clearly communicated to the district judges, placing the aforementioned directives in abeyance which came as a bolt from the blue. If it was not directed to be kept in abeyance, the e-filing of cases would have started about 6 months ago on November 1, 2023 which really disappointed the lawyers of district courts of Uttar Pradesh and so also the litigants who were hoping that from November 1, 2023 they would not be required to travel whole night and half day all the way till Allahabad to seek justice which in itself is the biggest injustice. At the risk of repetition, it must be said that in a most historic step we saw how in a communication addressed to all the District Judges in the State of Uttar Pradesh, the Registrar General of the Allahabad High Court on Tuesday enabled e-filing for litigants ‘in-person’ through the e-Sewa Kendras of the District Courts of Uttar Pradesh to maximize the utilization of the e-Sewa Kendras. Importantly, we need to note that this move comes 8 days after the Supreme Court’s judgment dated April 15, 2024.

Furthermore, the petitioner had also sought a mandamus to establish a dedicated filing counter and virtual hearing facilities in the District and Sessions Courts of Western Uttar Pradesh for conducting the hybrid hearings in the Allahabad High Court, pending a decision on establishing a High Court bench in Western UP. It must be also mentioned here that Mr. Pulkit Aggarwal and so also the Advocate-On-Record (AOR) Ansar Ahmad Chaudhary while forcefully representing the petitioner had vehemently contended that the communication dated 28.10.2023 from the Registrar General constitutes a denial of access to justice for residents of Western Uttar Pradesh.

In their written submissions, the petitioner emphasized that the lack of a permanent bench of the Allahabad High Court in the Western zone of the state since 1950 has posed significant obstacles for litigants and lawyers in accessing justice. It is not hidden from anyone that even Justice Jaswant Singh Commission headed by former Supreme Court Judge appointed by Centre itself had recommended a Main Permanent High Court Bench for West UP at Agra and two circuit bench in hilly areas of undivided UP yet not a single Bench was created all over UP while in Maharashtra which already had multiple High Court Benches at Nagpur and Panaji was given one more at Aurangabad as recommended and so also in States like West Bengal and Tamil Nadu. Consequently, the petitioner had previously filed a writ petition in the Apex Court seeking the establishment of a dedicated filing counter and a virtual hearing setup in District Courts to facilitate hybrid mode hearings in the High Court.

A bench of Chief Justice of India (CJI) Dr DY Chandrachud with Justices JB Pardiwala and Manoj Misra issued notice and listed the matter for hearing after four weeks. The public interest litigation (PIL) petition filed by advocate Ansar Ahmad Chaudhary raised grievance against a letter by the Registrar of the High Court dated November 28, 2023 effectively putting in abeyance the setting up of such kendras in district courts in UP.The plea said that the absence of the technology assistance kiosks has made it difficult for lawyers of Western UP to electronically file and appear in their cases. The petitioner also stated that the Registrar’s move came at the behest of the High Court Bar Association. The plea besides challenging the decision on e-seva kendras also prayed that cases before the Allahabad High Court from Western UP be taken up via hybrid mode.

In hindsight, we saw how the Supreme Court on August 28, 2022 had earlier declined to entertain the writ petition, granting liberty to the petitioners to approach the Registrar General of the Allahabad High Court regarding the matter. Subsequently, the communications of October 18 and October 28, 2023, occurred. Therefore, Mr. Parmeshwar submitted the following points:

(1) Regarding e-filing by litigants, the provisions outlined in the circular dated October 18, 2023, should be reinstated.

(2) Concerning filing through an advocate, Rule 3A(i) specifies that an advocate not on the rolls of advocates in the Allahabad and Lucknow High Courts cannot appear or plead in the High Court solely by filing an appointment, unless accompanied by an advocate enrolled in Allahabad and Lucknow, respectively. Thus, his contention was that Rule 3A must be considered for advocates to participate in filing for hybrid hearings of cases in the High Court.

The Bench also took note of Rule 3A(iii), which stipulates that the roll of advocates must include the name and other pertinent details, including residence and office, which must be within the confines of the city of Allahabad and Lucknow, respectively, as applicable. It must be noted that while so very rightly taking into account the aforementioned provisions concerning the High Court Roll of Advocates and the procedure for advocates not on the High Court rolls to appear, the bench observed that the High Court has the discretion to enforce compliance with the discussed provisions to ensure the efficient operation of the E-Seva Kendras. The Bench also clearly asked the Registrar General of Allahabad High Court to definitely comply with the directions within a period of 2 weeks.

While addressing the core issue of the lack of infrastructure in district judiciary and the colonial perception of subordination, the Chief Justice of India Hon’ble Dr DY Chandrachud had so commendably mentioned while speaking at the felicitation ceremony organized by the Supreme Court Bar Association on 14 November, 2022 that, “If we have to change, we have to change the face of the district judiciary, first and foremost. We have fostered a culture of subordination. We call our district judiciary, as subordinate judiciary. I make the conscious effort not to call our district judges as subordinate judges because they are not subordinate, they belong to the district judiciary…we have to change our mindsets about how we perceive the district judiciary.”

All told, it is definitely most refreshing and most fulfilling to see that now all the 75 districts of Uttar Pradesh which is the most populated State of India with maximum number of pending cases have been all so very commendably linked directly with the Allahabad High Court by e-filing of cases being implemented in each and every district in whole of Uttar Pradesh from May 1, 2024. There can be just no gainsaying that it is the most historic and so also the most revolutionary step that has ever been taken since independence for which the Apex Court Bench who delivered this most landmark judgment will always be remembered in the days to come! It certainly also merits no reiteration of any kind that all those who have contributed their part in any manner in making this utopian task actually possible including Mr Laxmikant Vajpayee who is the former State President of BJP in UP and so also is a Rajya Sabha MP from Meerut who has so generously donated money from his MPs fund exclusively for this sacred purpose of ensuring that the e-filing of cases is made actually possible by opening e-filing kendras and who has most vociferously advocated for allowing e-filing of cases deserves the utmost admiration along with others as I have already mentioned above led valiantly by the General Secretary of Meerut Bar – Mr Amit Dixit for taking the legal battle right to the top court and most significantly also further ensuring through personal painstaking and relentless efforts that it is also won stupendously. There can be, of course, just no denying or disputing it!

Sanjeev Sirohi, Advocate,

s/o Col (Retd) BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.