e-Courts rules: Allahabad HC expresses concern over delay in notification

It cautioned the state government if the needful was not done, Legal Remembrancer (Principal Secretary Law) will have to appear before the court to explain the delay. The High Court had framed the rules in pursuance of the report, “Strategic Plan for Implementation of Information and Communication Technology in Indian Judiciary”. “More than two months have passed but till date the rules of 2018 have not been notified by the state government," the Bench observed.

The Allahabad High Court has expressed concern over the state government's delay in notifying the Uttar Pradesh e-Courts Centralised Computer Service Rules, 2018. The Lucknow bench of the court set October 15 as the next date of hearing into the issue. Passing an order on a writ petition moved by Ajai Kumar and others, a single judge Bench of Justice Manish Kumar asked the state government to do the needful in this regard. It cautioned the state government if the needful was not done, Legal Remembrancer (Principal Secretary Law) will have to appear before the court to explain the delay.

The High Court had framed the rules in pursuance of the report, “Strategic Plan for Implementation of Information and Communication Technology in Indian Judiciary”. The rules were submitted to the state government for notification. The court has found that the state government repeatedly raised objections which had been replied to by the High Court either by rectifying the objection or explaining the same.

The state government had on July 21, 2020, asked for providing documents and to clarify the position on three points which had been promptly clarified by the High Court through its letter of July 27, 2020 . “More than two months have passed but till date the rules of 2018 have not been notified by the state government," the Bench observed. High Court lawyer Gaurav Mehrotra submitted that there was urgency in the matter as all courts are functioning through video conferencing and filing of a case is also through e-filing due to the coronavirus pandemic.

It had further been submitted that there are 71 additional posts of system assistants for video conferencing that are vacant. the posts were sanctioned by the state government on June 3, 2019. Similarly, 23 posts of system officer and 26 of system assistant under court project are lying vacant..

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