KARAN S THUKRAL vs THE DISTRICT & SESSIONS JUDGE & ORS
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* IN THE HIGH COOURT OF DELHI AT NEW DELH HI
+ W.P.(C) 6082/2019
KARAN S THUKRAAL ….. Petitione oner
TThrough: Petitioner in person with Ms. . Vaishnavi, Advocate
VVersus
THE DISTRICT & SSESSIONS JUDGE & ORS ….. Respo pondents
TThrough: Mrs. Avnish Ahlawat, Stand nding ounsel (GNCTD), Services and DS SJ with Ms. Tania Ahlawat, Mr. Nite esh Kumar Singh, Ms. Laavanya Kausushik, Ms. Aliza Alam and Mr. Mohnishh Sehrawat, Advocate Ms. Shubham Mahajan, Advoc dvocate for R12 (RGDHC)
% Date of Decision: 22nd April, 2024.
HON’BLE THE ACTING G CHIEF JUSTICE HON’BLE MS. JUSTICE E MANMEET PRITAM SINGH AROR RA
JUJUDGMENT
MANMOHAN, ACJ: (OR RAL)
1. Vide order dated 004th January, 2024, this Court had issu ued various
directions. The learned Registrar General was also directed to file a
compliance report.
2.
A compliance repor port dated 12th February, 2024 has been ffiled by the Registrar General. Ms. Shu ubham Mahajan, learned counsel for the High Court states that after filing of tthe report dated 12th February, 2024 so ome further developments have taken plplace and requests to take on record a ffresh report prepared by the Registrar General. The new report is taken on rrecord. The relevant portion of the new w report is reproduced hereinbelow:
3.
Ms. Shubham Mahajjan, learned counsel for the High Court ssubmits that the grievance raised by the Petitioner regarding the centralized filingng of interim applications and their regisstration already stands addressed, as the centralized filing system has been impl lemented in all the District Courts. She fu urther states that mandatory e-filing has s been extended to all Civil Courts (includding Family Courts) and criminal complplaint cases in the District Courts from m 01st April,
2024 and consequently, tthe Advocates and parties are required d to file all interim applications and ddocuments through the e-filing portal alone one wherein every e-filing gets registere ed.
4.
In respect of the wee eding out of the record, it is stated that the he necessary amendments have been alr ready carried out, criterion for petty case es and cases for historical importance hhave been decided, committees to monit tor weeding out have been constituted iin each District Court and around 52,000 0 files have already been weeded out.
5.
However, this Courtt cannot lose sight of the fact that the situation in record rooms of the Districct Courts is grim and the process of wee eding out of the record needs to be ca arried out expeditiously and monitored on regular basis. Accordingly, the Princncipal District and Sessions Judges of all Districts of District Courts in Delhi are e directed to monitor the progress of wee eding out of cases in their respective dis stricts and take effective steps in this rega ard.
6.
The Principal Distri ict & Sessions Judges of all the District t Courts are directed to file quarterly re eports in this Court. With the aforesaid didirection, the present writ petition stands s disposed of.
7.
List the matter for com ompliance on 02nd September, 2024.
Directions Is ssued Compliance Reeport
8(a) Centralised Filing Sys implemented in all the Courts in terms of orde 17th August, 2023 pas present petition. stem be he District der dated passed in the Implemented
8 (b) Mandatory e-filing of documents and applications shall be the jurisdictions alre vide notification no.12 dated 22nd February e-filing Rules of the H Delhi, 2021. of pleadings, interim adhered to in eady notified 12/Rules/DHC y, 2022 under High Court of Implemented
8 (c) The Registrar General to initiate steps for mandatory e-filing remaining Civil Juris Criminal complaint District Courts, as pe Rules of the High Cou 2021. al is directed or extending ng in all sdictions and nt cases in per the e-filing ourt of Delhi, Implemented. In continuation of Delhi H Notification No. 12/Rules/DHC High Court of Delhi Vide Notif dated 14.03.2024 has notified 01.04.2024 the “e-Filing Rules Delhi, 2021″shall also apply Jurisdiction (including Family C all Criminal Complaint cases in in Delhi. High Court’s earlier dated 22.02.2022, the fication 19/Rules/DHC that with effect from of the High Court of to all cases of Civil Court cases) as well as n all the District Courts
8 (d) Digitization, in a manner, be started in of all District Cour digitize the record cases. Necessar infrastructure and manpow be provided to the rec the concerned Principal Sessions Judge a dedicated record rooms ourts so as to of decided ary ICT anpower shall cord rooms by pal District & i. Digitization of record in carried in each district. ii. 724 number of scanners e-Courts phase III by supplied to the district co scanning infrastructure in iii. The record is being di manner from latest to during 2022 have been record pertaining to the progress. iv. The tender for digitizatio under process and the financ been opened. n record room is being have been procured in the High court and ourt for augmenting the n the record rooms. digitized in descending old. All files decided already digitized. The e year 2021 is under on of 50 Crore pages is nancial bid has already
8 (e) Rules Branch of thi directed to expedite t amending rules as dir of Tarif Singh (supra) record (except docum to be preserved perm be weeded out upon di District Courts withi weeks. his Court is the process of rected in case a) so that the uments required manently) may digitization in hin five (5) Amendment (s) have been already Delhi High Court Rules in as muc 1A, 1B & 1C after Rules 1 General of the Chapter 16 of High Court Rules and Order destruction of records and rete electronic form. The aforesaid amendment (s) re of the Lt. Governor of NCT of D the Destruction of the Records of The approval from GNCCTD is rules have been sent to trans translation. Upon translation th notified. ady carried out in the uch as insertion of Rule of Part F (A) titled volume IV of the Delhi rs for the purpose of ention of the same in equired prior approval Delhi under section 3 of f the Act, 1917. s already received. The anslation branch for he amendments will be
8 (f) As directed in the c Singh (supra), the petty cases which do digitization and catego which need to be pr digitization, be chal priority by Principal Sessions Judge consultation with othe District & Sessions J two (2) weeks. case of Tarif category of do not require gory of cases prioritized for halked out on pal District & (HQ) in her Principal Judges within Committee Headed by Ms. N Principal Judge, Family Cour already submitted its report and cases is finalised and approved & Sessions Judge (HQ). Nivedita Anil Sharma, ourts, North Rohini has and the category of petty by the then Pr. District
8 (g) Criterion for cases importance be finalise by Principal District Judge (HQ) in cons other Principal Sessions Judges wit weeks of historical ed on priority t & Sessions onsultation with District & thin two (2) A committee headed by Sh. Vir LD. Principal District & Sessions submitted its report regarding the historical importance. render Kumar Bansal, ons Judge has already he criterion of cases of
8 (h) h. Upon finalisation of respect of petty cases historical importance to weed out files whi for weeding be initiat within three (3) w District Courts. of criterion in s and cases of e, the process hich are ready ated preferably weeks in all Quarterly report from Januar reproduced be District Files Identified for weeding out Central & West 15,092 North & North West 6,154 South & South East 11,011 South West 1,37,047 New Delhi 3,600 East, North East & Shahdra 18,608 RACC 0 Total 1,91,512 ary to March, 2024 is elow: Files Weeded out (Judicial files/ Traffic Challan/ Mediation Files) 12,669 2,803 4,739 21,620 0 10,346 0 52,167
8 (i) A committee to super out of record in all constituted in all Dist rvise weeding l districts be trict Courts Committee to supervise the wee been constituted in all district cour eding out of record has ourts.
8 (j) Steps taken to ensure of certifies copies ure availability Directions have been issued in that certified copy be made av consignment of files to record room n all district to ensure available irrespective of oom.
ACTING CHIE EF JUSTICE
MANMEET PRITAM SINGH H ARORA, J
APRIL 22, 2024/msh