Digitisation will ensure speedy, efficient delivery of justice

Last Updated29/05/2022

Richard Eric Susskind in his book wrote that in coming years, lawyers and their litigants would communicate through email.
He contended that technology will bring drastic changes in the field of law and will transform the Court system.

Indian judiciary has started using technology an change is reflected in the legal profession in general as well.
Some significant developments took place before Covid –19 with digitisation of judicial records and establishment of e-courts.

In India, e-governance in administration of justice began in the late 1990s.
- It accelerated after enactment of IT Act, 2000.
As 21st century began, focus was on digitising the court’s records and establishing e- courts across the country.
2006: e-courts were launched as a part of National e-Governance Plan (NEGP).

Allahabad HC can serve as example in this field.
Justice D Y Chandrachud as Chief Justice of Allahabad HC conceptualised and initiated project to digitise approximately one crore case files in one year.

Large space required to store so many files
Difficult to manually preserve the decades-old documents.
Ensure that these files are traceable electronically as and when required.
Consequences of missing court records are grave.
- In State of UP v. Abhay Raj Singh, it was held by SC that if court records go missing and re-construction is not possible, courts are bound to set aside the conviction.
- This is not a rare occurrence and in many old cases, criminal records are missing, leading to acquittal of accused.

Time consumed in summoning records from lower courts to appellate courts is one of the major factors causing delays in cases.
- With digitisation, less time will be required to transmit records.
Sometimes cases are adjourned simply because affidavits filed several years ago were not restored with the record or were not traceable.
- Once documents are digitised and e-filed by counsels, at least the cases would not get adjourned on this account.
If a case is filed digitally its status of the filing, status of applications etc. can be checked just by clicking on app.
- Lawyers benefit as their staff are no longer required to visit the reporting sections or other sections of the court to know about the status of their cases.

Before pandemic, virtual hearings were used in limited manner.
- Eg: in criminal cases where it was not possible to produce accused physically or while extending remand of the accused.
Not every case can be disposed of virtually, however.
Cases related to matrimonial issues and domestic violence, bounced cheques, motor accident compensation referred to mediation centres and lok adalats could be included in the list of cases are fit for disposal through virtual hearing.

2018: Supreme Court allowed live-streaming of cases of constitutional and national importance on the basis of the judgment in Swapnil Tripathi.
- It is a step towards ensuring transparency and openness.
Several reservations were expressed against it.
Gujarat HC in July 2021 became first court in the country to livestream its proceedings.
Its was followed by other HCs like Karnataka, Odisha, Madhya Pradesh and Patna.

Internet connectivity and need for a well-equipped space where lawyers can conduct their cases require attention.
Political will and support of judges and lawyers are also necessary.
Judges, court staff and lawyers are not well-versed with digital technology and its benefits.
Need is to make them aware of these and provide adequate training.
Virtual hearings cannot be a substitute for physical court hearings in all cases.
However, in appropriate cases and certain categories of cases as identified by the court administration in consultation with the members of the Bar, virtual hearing should be made mandatory.

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