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Synopsis

The Kerala High Court has said that adoption of technology by courts is not a matter of choice, but is now more an obligation, going by the requirements of time and the directions of the Supreme Court.

A single judge bench of Justice Devan Ramachandran directed the competent authority of the Kerala government to immediately consult the Chairman of the Kerala Administrative Tribunal and take a decision on the request by lawyers body for hybrid mode of hearings without any avoidable delay.

Court directed the Kerala government to ensure that all necessary infrastructure and facilities for the 'KAT' to embrace the technology for its hearing and disposal of cases, should be put in place as expeditiously as possible, but within a time frame to be fixed by its Chairman.

The KAT Ernakulam Advocates Association filed a writ petition in the high court for issuance of a direction to the tribunal to implement the 'Hybrid Mode' of hearing cases, as stipulated by the Supreme Court from time to time. 

With the advent of technology and in the light of the specific directions of the Supreme Court, electronic methods for disposal of matters cannot be shied away from being implemented for the KAT, it said. 

The counsel for the KAT submitted that his client was also fully aware of the imperativeness of introducing a 'Hybrid Mode' of case disposal but that they cannot act on their own, except with the support and assistance of the state government.

The state government counsel submitted that it is willing to hold a consultation with the KAT chairman. It is the intent of the state government to ensure that all courts, including the 'KAT', operating in the state are given full assistance and support for the purpose of adopting technology, as is now mandatorily required to be done by the Supreme Court, he said.

"There can be no doubt, going by the rival positions – which, in fact, are not rival but virtually supplementing each other – that adoption of technology by courts is not one as a matter of choice, but is now more an obligation, going by the requirements of time and the directions of the Supreme Court," the bench said.

The court emphasised that the KAT cannot take a decision on its own unilaterally, since the support for the establishment of the systems and its running, will certainly have to be borne and offered by the Kerala government at the appropriate level. 

The court said that it is now for the Department of Law and the Department of Electronics and Information Technology or such other competent authority of the Kerala government to immediately consult the Chairman of the KAT and take a decision on the request of the petitioners.

It gave one month's time for holding consultation. 

Acting on a plea by Sarvesh Mathur, a Supreme Court bench led by Chief Justice of India D Y Chandrachud has on September 15 issued notice to all High Courts and the tribunals seeking their response on the availability and use of virtual/hybrid mode of hearing cases.

Case Title: THE KERALA ADMINISTRATIVE TRIBUNAL ERNAKULAM ADVOCATES ASSOCIATION AND ANOTHER V. STATE OF KERALA AND OTHERS