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The court highlighted Section 105 of the BNSS, which mandates that the process of conducting searches, taking possession of property, or preparing a list of seized items must be recorded via audio-video means. The police officer must, thereafter, promptly forward such recordings to the judicial bench.
The Delhi High Court, on Tuesday, dismissed the petition by the Delhi government to reduce the number of courts from 691 to just 14 courts in the hybrid court project. The court further emphasized the urgent need for adequate infrastructure in Delhi District Courts, considering the New Criminal Laws.
The bench of Acting Chief Justice Manmohan and Justice Tushar Gedela noted that if the implementation is restricted, it would cause further delay.
The court made such observations in a plea from the Delhi Government seeking to modify an earlier order that directed the government to expedite the provision of infrastructure and other facilities for hybrid hearings in district courts and quasi-judicial bodies.
The court had instructed the Chief Secretary of GNCTD to proceed simultaneously and expedite the financial sanction process for all 691 courts, as outlined in the preliminary estimate dated April 19, 2024, amounting to Rs. 387,03,19,388/-, according to the configuration approved by NIC, and to implement the entire project as a priority. It also clarified that a comprehensive tender for all 691 courts, including pilot courts, should be issued.
The GNCTD pointed out that the total budget involved exceeded Rs. 100 crore. The court reiterated that the government must proceed with the project expeditiously across all 691 courts.
Case Title: Anil Kumar Hajelay & Ors. v Hon'ble High Court Of Delhi (W.P.(C) 2018/2021)
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