Allahabad High Court refuses to allow Transfer plea alleging threat to life and financial crisis; grants liberty to apply for Video conference facility
Court said that the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 gives choice to the litigant to approach court using digital technology and effectively address the concern of the litigants including the distance factor and threat perception.
The Allahabad High Court recently refused to allow a plea for transfer of the case proceedings from one district to another on the ground of apprehension of danger to life and financial crisis. Court disposed of the transfer application with the liberty to the applicant to apply for availing video conference facility in judicial proceedings.
The bench of Justice Vikram D. Chauhan opined that the 'Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020' effectively address the concern of the litigants including the distance factor and threat perception, therefore, being an alternate channel available, no ground for transfer of the proceedings was made out by the applicant.
Court pointed out that the whole aim of the aforesaid rules is to provide the litigant access to the courts in the state through video conference and the procedure for applying for participation through video conference in the court proceedings is envisaged in chapter III of the Rules.
In light of the same, Court ordered that in case any application is preferred by the applicant under the aforesaid Rules, the court/authority concerned shall be obliged under law to pass an appropriate order in accordance with law at the earliest.
Additionally, Court directed that all courts and authorities shall act in aid of the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020.
Apart from that, Court made significant remarks about the benefits of the digitalisation of the justice delivery system in India. Court said that digitalization is bridging the gap between the courts and the litigant and it has enabled the litigant to approach the various forum of the justice delivery system. "The issue of distance of the courts and convenience of parties have been effectively addressed," it stated.
Court stressed that a digital judiciary will enhance the capability of the Justice Delivery system and further will bring "ease of Justice" to the litigant.
"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," Court said.
Court further opined that 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.
Case Title: Smt. Sunita Devi v. State of U.P. and Another