Introduction
In the case of MD ANAS CHAUDHARY vs. REGISTRAR-GENERAL HIGH COURT OF JUDICATURE AT ALLAHABAD the Supreme Court addressed the issue of enabling e-filing and virtual appearance facilities at District Courts in Uttar Pradesh (UP), particularly in Western UP.
Background
The petition stemmed from a writ petition under Article 32 challenging a communication by the Registrar General of the Allahabad High Court dated 28.10.23, which suspended earlier directions issued on 18.10.23. The latter directives aimed to enhance citizen-centric services and optimize the use of E-Seva Kendras in District Courts by enabling e-filing and e-affidavit facilities. However, these directions were put on hold, leading to the present litigation.
History
The absence of a permanent bench of the Allahabad High Court in Western UP since 1950 had created challenges for litigants and lawyers seeking justice in the region. The petitioner had previously approached the Supreme Court seeking the establishment of dedicated filing counters and virtual hearing setups in District Courts for hybrid hearings in the High Court. However, the Court, on 28.8.2022, declined to entertain the petition but granted liberty to approach the Registrar General of Allahabad High Court.
Key Aspects
- The petitioner highlighted the denial of access to justice due to the suspension of earlier directives, arguing that the absence of a permanent bench in Western UP hindered litigants and lawyers.
- The Registrar General cited Rule 3A of the Rules of The Court 1952, which governs the appearance of advocates not on the rolls of the Allahabad and Lucknow High Courts.
- The bench noted Rule 3A’s requirements, emphasizing the need for compliance to ensure the efficient functioning of E-Seva Kendras.
Court’s Decision
The bench, comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, clarified that the Rules of 1952 were not under challenge in the present case. It instructed the Registrar General of Allahabad High Court to ensure compliance with the directives regarding e-filing and virtual appearances within two weeks.
The Supreme Court’s directive to the Registrar General of the Allahabad High Court to enable e-filing and virtual appearance facilities in UP District Courts, particularly in Western UP, addresses the pressing need to enhance access to justice. By emphasizing compliance with existing rules and directives, the Court seeks to streamline the functioning of E-Seva Kendras and improve the delivery of legal services to citizens in Uttar Pradesh.
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