2022 Supreme(All) 533
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
VIKRAM D. CHAUHAN, J.
Smt. Sunita Devi – Appellant
Versus
State of U.P. and Another – Respondents
Transfer Application (Criminal) No. 282 of 2021
Decided on : 02-08-2022
Advocate Appeared:
For the Appellant : Om Prakash Singh
For the Respondent: Dileep Kumar Srivastava
Point of Law: Once Rules of 2020 have been notified in exercise of powers under Article 225 and 227 of Constitution of India, for providing video conferencing to litigant in Courts and such an alternative channel will be able to address concerns of litigant as has been raised in present transfer application.
Headnote:
Constitution of India, 1950 - Article 225 and 227 - Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 - Rule 2(xv), 3 and 6 – Criminal Procedure Code, 1973 - Section 125 – Maintenance 0 Transfer of Case - Process of digitalisation - General Principles Governing Video Conferencing - Applicant is wife, who has filed application under Section 125 Cr.P.C. Application was filed before Principal Judge, Family Court. However, when applicant visits Court, opposite party no.2 and his family members physically assaulted applicant. There is apprehension of danger of life of applicant. Applicant has also sought transfer on ground of financial crisis - Once Rules of 2020 have been notified in exercise of powers under Article 225 and 227 of Constitution, for providing video conferencing to litigant in Courts and such an alternative channel will be able to address concerns of litigant as has been raised in present transfer application. No ground for transfer of case from one district to another is made out in view of observations made. (Para 11)
Finding of the court :
Rule 2(xv) of above-mentioned rules defines "Video Conference" to mean and include court proceedings conducted by transmission of simultaneous audio and video signals in real-time between the remote point and court point and vice versa over a wired or wireless network or combination thereof - The Rules of 2020 gives choice to the litigant to approach court using digital technology. Various checks and balances have been provided under aforesaid Rules of 2020 to protect sanctity of the judicial process - Liberty to applicant to apply under Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 for video conference facility in judicial proceedings
Result: Transfer application disposed
JUDGMENT :
1. Heard learned counsel for the parties.
2. The present transfer application has been filed for transfer of the Case No.115 of 2021 (Smt. Sunita Devi Vs. Ramesh Kumar Bharati), under Section 125 Cr.P.C. pending before the Principal Judge, Family Court, Bhadohi at Gyanpur to the court having competence jurisdiction in District Prayagraj.
3. It is submitted by learned counsel for the applicant that the applicant is wife, who has filed application under Section 125 Cr.P.C. The application was filed before the Principal Judge, Family Court, Bhadohi at Gyanpur. However, when the applicant visits the Court, opposite party no.2 and his family members physically assaulted the applicant. There is apprehension of danger of life of the applicant. The applicant has also sought transfer on the ground of financial crisis.
4. The country is witnessing a revolution in the digitalisation activity. The digitalisation is not only about implementation of technology. It encompasses the transformation of the courts and justice delivery system using technology in order to enable the experiences to be better, effective and within the reach of the ordinary citizens. The digitalisation is bridging the gap between the courts and the litigant. The process of digitalisation has enabled the litigant to approach the various forum of justice delivery system and the issue of distance of the courts and convenience of parties have been effectively addressed. The Courts has put in place various digitalisation processes including addressing the court through video conference. Further, with the advancement of technology and telecommunication including internet services the litigant is empowered to approach his counsel through telecommunication/Internet. The process of digitalisation and technology advancement has further been accelerated during the pandemic. The digitalisation and technology are playing a crucial role in ensuring the efficient last mile delivery of services to citizens. Even during the pandemic, the courts have delivered justice to the citizens without the citizens being physically present at the place where the court is situated and in this respect the role of digital technology has been crucial. A citizen has all the means in place to approach the Court using the digital process and technology. The Internet, emails, e-filing and video conference have revolutionised the way a person can communicate and avail Justice. In the recent past, the country has witnessed "work from home" as an important tool for the working class and on the same footing various measures have been taken by the courts for enabling the citizens to get "justice at doorstep" and the distance between the citizen and the court is of no consequence as a result of the digital process.
5. The Apex Court has constituted an e-committee, Supreme Court of India for effective implementation of the Information and Communication Technology (ICT) by the Judicial system in India. The e-committee is the governing body charged with overseeing the e-courts project conceptualized under the National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in Indian Judiciary. The project is funded by the Government with the vision to transform the Judicial system of the country by ICT enablement of Courts.
6. Digital disruption is the change that occurs when new digital technologies and models affect the value proposition of existing services. The transformation of the legal services through information and technology is a big step to revolutionise legal services in India. The information and technology induction will enhance the Judicial productivity both qualitatively and quantitatively, making the justice delivery system accessible, reliable, cost effective and transparent.
7. One of the important object of the involvement of digital process in the judiciary is to bridge the gap between the courts and the litigants. A digital judiciary will enhance the