M P High Court Bar Association vs Union of India & Ors.

HELD:1. The process has been gradual. Sufficient time was given to all stakeholders to adjust to the new regime. A stakeholder’s training has been carried out. The counter affidavit indicates the specific dates on which training programmes have been conducted. E-filing provides transparency and efficiency in the administration of justice. E-filing provides for 24x7 access to the court system and, in fact, facilitates the convenience of lawyers as well as litigants. With the march of technology, it would be too late in the day to postulate that e-filing should not be adopted. As a matter of fact, the decision to take up e-filing must be replicated by other tribunals and courts in the country, including the High Courts in a phased manner and that it eventually becomes mandatory. [Paras 11, 12][352-G-H; 353-A]

2. This Court was of the view that the grievance which has been portrayed in this proceeding can be addressed at two levels. Firstly, this Court would permit the Bar Associations representing the collective voice of the lawyers in the DRTs/DRATs to submit their representations to the Department of Financial Services if any specific difficulties are encountered in the process of e-filing. The representations should focus on concrete suggestions which have to be implemented to facilitate to e-filing. In other words, this court clarified that by permitting an opportunity to file representations, this Court was not questioning the need for mandatory adoption of e-filing. The purpose is to ensure that any glitches that may arise are attended to effectively. Simultaneously, this Court also directed all the Chairpersons of the DRATs and the Presiding Officers of the DRTs to submit reports to the Department of Financial Services on a monthly basis initially for a period of six months, pointing out the experience with e-filing and suggesting, if any upgradation of the facilities or the software is necessary. The National Informatics Centre, which has put into ORS

place the e-filing facilities for the DRTs/DRATs, has also been facilitating the same exercise in the judicial system. NIC is equipped with a robust team of officials. The Director General of NIC shall constitute a team to monitor the progress of e-filing in the DRTs/DRATs so that any difficulties which are encountered can be suitably addressed on a real time basis. The e-filing module must be upgraded with periodical developments. The second aspect which needs to be borne in mind relates to the help desks which have been set up at the DRTs/DRATs. [Paras 14, 15, 16][353-D-H; 354-A]

3. This Court recommended to the Union Government that in addition to setting up held desks, it would be appropriate if esewakendras are set up at all the centres of the DRTs or, as the case may be, DRATs to facilitate e-filing of cases and provide a one-step solution which encompasses all the e-services at the DRTs/DRATs. The e-sewakendras should have adequate equipment in the form of computers and scanners, together with robust internet connectivity so as to facilitate the process of efiling. In this context, a Standard Operating Proceduremust be prepared by the Department of Financial Services in consultation with NIC, setting out the facilities at every e-sewakendras. This would be in line with the mission of the e-Committee of the Supreme Court of India for providing e-sewakendrasat court establishments across the country. The setting up of esewakendras would provide access to justice to lawyers and litigants. The Department of Financial Services would be at liberty to review the set up periodically and to take appropriate decisions in that regard. [Para 18][354-C-E]