Lok Sabha Question No. 1691 (UNSTARRED), answered on 2020-09-21
Subject: Judicial Proceedings
Ministry: LAW AND JUSTICE
Asked by: P.P. Chaudhary, Kaushal Kishore

## GOVERNMENT OF INDIA

## MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 1691

## TO BE ANSWERED ON MONDAY, THE 21 st   SEPTEMBER, 2020

## JUDICIAL PROCEEDINGS

1691. SHRI P. P. CHAUDHARY:

SHRI KAUSHAL KISHORE:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) the details of the arrangements made by the Supreme Court, High Courts and  subordinate  courts  to  facilitate  judicial  proceedings  in  the  court  in  the wake of COVID-19;
- (b)  whether there were any specific orders or guidelines from the judges in this regard;
- (c)  if  so,  the  details  regarding  reforms  in  legal  process,  infrastructure  and expenditure incurred in a chronological manner;
- (d) whether the Government is planning to set up TV broadcast channels for live broadcast of Supreme Court proceedings; and
- (e) if so, the details thereof and the progress made so far in this regard?

## ANSWER

## MINISTER OF LAW AND JUSTICE, COMMUNICATIONS AND

## ELECTRONICS & INFORMATION TECHNOLOGY (SHRI RAVI SHANKAR PRASAD)

(a)&  (b):  After  announcement  of  nation-wide  lockdown,  directions  have  been issued  from  time  to  time  by  the  Hon'ble  Supreme  Court  and  respective  High Courts to the Subordinate Courts under their administrative jurisdiction for hearing of urgent civil and criminal matters in virtual or physical mode depending on local conditions. Hon'ble Supreme Court also issued an overarching order on 6 th April,  2020  giving  legal  sanctity  and      validity  to  court hearings done through video conferencing. Most High Courts have further advised district  and  subordinate  courts  that  where  there  is  no  shut  down/lockdown,  they may, as far as possible, resume normal functioning by virtual/physical mode and take up all kind of cases, including those pertaining to under-trial prisoners, trial of civil cases, matrimonial disputes, child custody matters, recording of evidence and other  old  matters.  Wherever  physical  hearing  has  been  permitted  in  district  and subordinate  courts,  they  have  been  advised  to  strictly  adhere  to  Covid  protocols and  social  distancing  norms  and  take  all  precautions  including  consent  of  the parties. A new Software patch and Court User Manual has been recently developed for  Covid-19  Management.  This  tool  has  been  developed  to  help  in  smart scheduling of cases to effectively manage over crowding in court.

(c):  It  is  the  primary  responsibility of the State Governments to provide Judicial Infrastructure  /  Court  Rooms  for  High  Courts  and  District  /  Subordinate  Courts. The  Union  Government  has  been  implementing  a  Centrally  Sponsored  Scheme (CSS)  for  Development  of  Infrastructure  Facilities  for  Judiciary  in  order  to augment the resources of State Governments, in association with the States / UT Governments.    The  scheme  is  being  implemented  since  1993-94.    It  covers  the construction of court halls and court complexes and residential accommodations of judicial officers of District and Subordinate Judiciary. A sum of Rs. 7,929.99 crore has been sanctioned under the Scheme, out of which a sum of Rs. 3,354.94 crore has been sanctioned to the State Government/UT Administrations during the last five years (2015-16 to 2019-20). In addition, a sum of Rs. 197.74 crore has been released during the current financial year, so far. The year-wise sanction of funds during the last five years is as follows:

| Financial Year   |   Funds Sanctioned (in Rs. crore) |
|------------------|-----------------------------------|
| 2015-16          |                            562.99 |
| 2016-17          |                            538.74 |

| 2017-18   |   621.21 |
|-----------|----------|
| 2018-19   |   650    |
| 2019-20   |   982    |
| Total     |  3354.94 |

The  Government  is  implementing  the  e-Courts  Mission  Mode  Project  for Information  and  Communication  Technology  (ICT)  enablement  of  District  and Subordinate Courts across the country in association with the eCommittee of the Supreme Court of India. The eCourts Mission Mode Project Phase-II commenced its implementation in 2015. The target set out under the project is computerization  of  16,845  District  and  Subordinate  Courts,  which  has  been completed.  Against  the  financial  outlay  of  Rs.1670  crores  for  this  Phase,  the Government has released  a  sum  of  Rs.  1459.52  crore  to  various  organizations involved  in  the  implementation  of  the  project.  This  includes  a  sum  of  Rs. 1042.82.crore released to all High Courts, out of which a sum of Rs.790.04 crore has been utilized till 31 st August, 2020.

In the financial year 2020-21, funds have interalia been released to all High Courts  for  eSewa  Kendra  for  High  Courts  and  District  Court  Complexes  (Rs. 12.44  crore),  equipment  for  VC  Cabins  and  Connectivity  in  Court  Complexes (Rs. 4.91 crore) and creating Help Desk Counters for efiling in Court Complexes (11.86 crore)

- (d)  &  (e):  A  Writ  Petition  was  filed  in  the  Hon'ble  Supreme  Court,  seeking declaration  for  permitting live  streaming  of  Supreme  Court  case  proceedings  of constitutional and national importance having an impact on the public at large and a direction to make available the necessary infrastructure for live streaming and to frame  guidelines  for  the  determination  of  such  cases  which  are  of  constitutional and  national  importance.  The  Hon'ble  Supreme  Court vide its  Judgment  dated

26 th September,  2018  in  Writ  Petition  (Civil)  No.  66  of  2018  -  Indira  Jai Singh versus Secretary General of Supreme Court & Others has, interalia, observed  that  :  (i)  it  is  important  to  re-emphasise  the  significance  of  livestreaming as an extension of the principle of open justice and open courts; (ii)The process  of  live-streaming  should  be  subjected  to  carefully  structured  guidelines, (iii)  Initially,  a  pilot  project  may  be  conducted  for  about  three  months  by  livestreaming  only  cases  of  national  and  constitutional  importance  which  can  be expanded in due course with availability of infrastructure. The eCommittee of the Supreme Court has also set up a Committee of 5 Judges to formulate guidelines for live streaming of court hearings. The guidelines would cover all facets including technologies to be deployed, safeguards and procedures.

***