Shortage of courtrooms to start 42 more commercial courts, HC told

The Delhi High Court has been informed that the shortage of courtrooms here was coming in the way of immediately starting 42 additional commercial courts which will be established once the infrastructure is completed.

The submission was made by the administrative side of the high court in a pending petition seeking to direct the authorities to set up more commercial courts as notified by the Delhi government on April 13, 2021, to ensure speedy redressal of commercial cases instituted in the national capital.

The Joint Registrar of Delhi High Court, in an affidavit filed in pursuance of the court's earlier directions, said that all the Principal District and Sessions Judges of district court complexes here were requested to provide the latest information in respect of vacant/availability of courtrooms in their respective court complexes.

The court had earlier issued notice and sought a response of the Delhi High Court, through the Registrar General, the Delhi government, and the Centre on a petition by advocate and social activist Amit Sahni seeking directions to set up posts of 42 more District Judges (commercial) in view of a notification issued by the city government on April 13, 2021.

The notification was issued in furtherance of the Delhi Government's cabinet approval regarding the setting up of 42 additional posts of District Judges (commercial). The court had also directed the administrative side of the high court to file an affidavit disclosing the position regarding the availability of courtrooms and judicial officers who could man these commercial courts.

As per the data received in the affidavit, out of a total of 554 courtrooms, presently there are nine vacant courtrooms in court complexes here.

The affidavit said that 44 pre-fabricated courtrooms at Karkardooma Court have been completed and their possession has been handed over to the office of Principal District and Sessions Judge (East), Karkardooma, and construction of 50 pre-fabricated courtrooms at Tis Hazari Court and 46 at Saket court are in advanced stage and it is expected that they would be completed in the near future.

"It is submitted that at present 64 posts of District Judge (Commercial Court) are sanctioned in Delhi Higher Judicial Service and against these 64 posts, 22 courts of District Judge (Commercial Courts) are functional. It may also be pointed out that out of 64 posts, 42 posts were sanctioned on April 13, 2021, and these posts have been included in the schedule of DHJS Rule, 1970 with effect from August 19, 2021," it said.

It further said, "Thus, at present, there is a shortage of courtrooms in the court complexes in Delhi to start 42 additional commercial courts, immediately. Once, the remaining 96 under construction courtrooms are handed over, the process of establishing 42 new commercial courts may be initiated." The matter is scheduled to come up for a hearing on Tuesday.

The high court on April 4, had asked the Delhi government to apprise it about the infrastructure required for setting up 42 commercial courts in the national capital.

It had also directed the administrative side of the high court to file an affidavit disclosing the position regarding the availability of courtrooms and judicial officers who could man these commercial courts.

The Delhi government additional standing counsel Anuj Aggarwal had submitted that the city government has already notified more commercial courts in April 2021 by increasing the number from existing 22 to 64 and now it is up to the high court administration to designate or appoint more judges against those increased posts.

The petitioner has said out of 64 commercial courts, presently only 22 of them have been set up in operation by the Delhi government, and the authorities be directed to set up 42 more such courts as notified by the government.

"The efficiency of the legal system and the time taken to resolve commercial disputes is an extremely important factor in deciding the growth of investment and overall economic and social development of the nation. The delay caused in the dispensation of justice is taken note of by the high courts and the Supreme Court from time to time and directions have been issued to recruit the pending vacancies in different courts of the country," the petition said.

It said that on March 22, 2021, the Delhi government had approved the creation of 42 additional dedicated commercial courts for the national capital and as per media reports, ancillary staff appointments have also been approved for setting up additional commercial courts.

"As against the world best practice towards a timeline for disposal of commercial disputes of 164 days, Delhi takes 747 days in deciding a commercial dispute. Mumbai, on average, takes only 182 days.

"Delhi courts have been over-burdened and as per the data available on the official website of district courts, Delhi, till February 2022, there are 26,959 cases pending in 22 commercial courts functioning in Delhi district courts," it said.