Technology and open court

Technology and Open Court 14 In the present age of technology, it is no longer sufficient to rely solely on the media to deliver information about the hearings of cases and their outcomes. Technology has become an inevitable facet of all aspects of life. Internet penetration and increase in the use of smart phones has revolutionised how we communicate. As on 31 March 2018, India had a total of 1,206.22 million telecom subscribers and 493.96 million internet users.23 Technology can enhance public access, ensure transparency and pave the way for active citizen involvement in the functioning of state institutions. Courts must also take the aid of technology to enhance the principle of open courts by moving beyond physical accessibility to virtual accessibility. 23 Telecom Regulatory Authority of India, The Indian Telecom Services Performance Indicators January-March, 2018. Available at: https://trai.gov.in/sites/default/files/PIReport27062018_0.pdf PART C 15 The importance of making justice accessible to the common citizen in its truest sense was explained by Lord Neuberger in his Judicial Studies Board speech (2011): “…if justice is seen to be done it must be understandable. Judgments must be open not only in the sense of being available to the public, but, so far as possible given the technical and complex nature of much of our law; they must also be clear and easily interpretable by lawyers. And also to non-lawyers. In an age when it seems more likely than ever that citizens will have to represent themselves, this is becoming increasingly important.”24 16 This Court and the High Courts in India have pro-actively adopted technology to make the judicial process more accessible, organised, transparent, and simple. For instance, many courts in the country, including this Court, now have display boards in the court premises and on their official websites which enable legal practitioners and the public to view the progress of the cause list. This Court and the High Courts maintain websites where they upload cause lists, daily orders, and judgments. They also maintain an archive of previous judgments, allowing users to search for a specific judgment using various inputs. 17 Recent judgments of this Court also indicate the willingness of this Court to adapt to modern technology for the advancement of justice. In Krishna Veni Nagam v Harish Nagam, this Court had taken into consideration 24 Neuberger, Lord of Abbotbury (Master of Rolls) 2011, ‘Open justice unbound?’, Judicial Studies Board Annual Lecture, 16 March 2011. Available at: Swapnil Tripathi vs Supreme Court Of India on 26 September, 2018 Indian Kanoon - http://indiankanoon.org/doc/43629806/ 43 http://netk.net.au/judges/neuberger2.pdf 25 (2017) 4 SCC 150. PART C technological developments to regulate the use of video conferencing for certain categories of cases. Justice A.K. Goel on behalf of himself and Justice Lalit directed: ”16. The advancement of technology ought to be utilised also for service on parties or receiving communication from the parties. Every District Court must have at least one e-mail ID. Administrative instructions for directions can be issued to permit the litigants to access the court, especially when litigant is located outside the local jurisdiction of the Court. A designated officer/manager of a District Court may suitably respond to such e-mail in the manner permitted as per the administrative instructions. Similarly, a manager/information officer in every District Court may be accessible on a notified telephone during notified hours as per the instructions. These steps may, to some extent, take care of the problems of the litigants.” In Santhini v Vijaya Venketesh, 26 where this Court was re-considering the issue of permitting video-conferencing for matrimonial disputes, one of us (D Y Chandrachud, J.) in his dissenting opinion, discussed the importance of using technology to enhance the delivery of justice: “89. Technology must also be seen as a way of bringing services into remote areas to deal with problems associated with the justice delivery system. With the increasing cost of travelling and other expenses, videoconferencing can provide a cost-effective and efficient alternative. Solutions based on modern technology allow the court to enhance the quality and effectiveness of the administration of justice. The use of technology can maximise efficiency and develop innovative methods for delivering legal services. Technology-based solutions must be adopted to facilitate access to justice... Repeated adjournments break the back of the litigant. We must embrace technology and not retard its application, to make the administration of justice efficient.” 26 (2018) 1 SCC 1. PART C C.1 ICT in Indian courts27 Technology has made modernity possible. The interplay between technology and law has allowed dissemination of legal information with a veritable click of a button. We have designed processes and systems to suit the unique requirements of our judicial system. The Indian judiciary has incorporated Information and Communication Technology (ICT) under the aegis of the eSwapnil Tripathi vs Supreme Court Of India on 26 September, 2018 Indian Kanoon - http://indiankanoon.org/doc/43629806/ 44 Courts Integrated Mission Mode Project (e-Courts Project). This has been a part of the National e-Governance Plan (NeGP) which has been implemented in all High Courts and the District Courts of India. It was based on the 'National Policy and Action Plan for Implementation of Information and Communication Technology’ prepared by the e-Committee of the Supreme Court of India in 2005. The 2005 e-Committee Report proposed three phases for implementation of the e-Courts Project. The e-Committee of the Supreme Court of India and the Department of Justice, Government of India, through a proper management of the e-Courts Project have ensured efficiency in the judicial process across 21,000 courts in the district judiciary in India. Phase-I of the e-Courts Project was approved in 2010 and enabled computerisation of 14,249 courts in the district judiciary by 2015. The objective of the ongoing Phase—II of this project is to enhance judicial 27 The websites of Department of Justice, Government of India (doj.gov.in/) and E-courts services (ecourts.gov.in/) contains fair amount of information on the ongoing e-Courts Project. PART C service delivery for litigants and lawyers by improving infrastructure and providing technology-enabled judicial processes. It involves improved ICT infrastructure, videoconferencing, improved access across seven platforms including a web portal, app, judicial service centers and kiosks. The e-Courts Project also includes capacity building of officers, ICT provisioning of District Legal Service Authorities, Taluka Legal Service Committees, State Judicial Academies and judicial process re-engineering. Currently, the e-Courts project caters to more than 21,000 courts and has been implemented in more than 600 districts, 3,000 court complexes and 6,400 establishments. C.2 Technology and Implementation One of the objectives of the e-Courts Project is to make the ICT infrastructure comprising of computer hardware, Local Area Network (LAN), Wide Area Network (WAN), information kiosks, UPS, renewable energy-based power backup and other peripherals available in the district judiciary. The e-Courts Project is developed on Open Source Technology by the National Informatics Centre (NIC), a Central Government department under the Union Ministry of Electronics and Information Technology. A single unified Case Information System (CIS) Software has been developed and made available to the entire district judiciary in India, for catering to the diversified requirements of the country in terms of local procedures, practices and languages. CIS PART C Version 3.0 has been made available in all the district and taluka courts. 15 High Courts are already equipped with CIS Version 1.0. The e-Committee carried out extensive capacity building exercises to train judicial officers and administrative staff. The project is manned and managed by the court staff and the staff is trained in the use of computers. Some of them are also selected to be trained as system administrators. C.3 Platforms created for service delivery Swapnil Tripathi vs Supreme Court Of India on 26 September, 2018 Indian Kanoon - http://indiankanoon.org/doc/43629806/ 45 (i) e-Courts Portal: Online mechanisms 28 (websites) are available for stakeholders such as litigants, advocates, government agencies, and the police to track case status, view cause lists, judgments and daily orders. The services.ecourts.gov.in portal is a one stop access point where a person can locate a case from any court across the country by using different search criteria available on the website. Data is available on the portal for disposed of and pending civil and criminal cases across the country. The portal also contains judgments and orders of the district judiciary. (ii) Mobile App: e-Courts Services mobile app available on Android and iOS provides facility for all stakeholders including advocates and parties, to 28 Online services are available at –(i) ecourts.gov.in, (ii) services.ecourts.gov.in and (iii) districts.ecourts.gov.in PART C create a portfolio of cases in which they are associated and track them for future alerts. A facility to search the case by a QR Code is also provided and the App has been downloaded multiple times. (iii) SMS Push: Litigants and advocates get an SMS alert on their cell phones, in case of any adjournment, scrutiny, registration, transfer of case, disposal, uploading of orders, etc. (iv) SMS Pull: This facility allows advocates and litigants to send the CNR number (which is a unique number tagged for every single case in the country) and receive a response with the current status of the case. (v) Automated e-Mails: Litigants, advocates and police stations receive information on regular e-mails in relation to the cause lists, transfer of cases, disposal, copies of orders and judgments. (vi) Touch Screen Kiosks and Service Centre: Dissemination of case status has been made simple with the installation of touch screen kiosks in various court complexes across the country. This allows litigants and advocates to view their case status at the touch of a button. The same information can also be obtained from Judicial Service Centres established in court complexes. (vii) E-Payment: In order to facilitate ease of payments, online payment of court fees, fines, penalties and judicial deposits through the epay.ecourts.gov.in has been facilitated. Citizens can make payments online without the use of cheques, cash or stamps, with the help of this portal. PART C (viii) E-Filing: For convenience, facility for online filing of cases and case papers with the court registry has been provided. This facility is integrated with standard application software across all the districts and subordinate courts. C.4 National Judicial Data Grid The NJDG is a public portal that provides a database of pending and disposed of cases in various High Courts and District Courts across India. The NJDG portal njdg.ecourts.gov.in provides transparency in the judicial system to all citizens by allowing them to view statistics of cases pending before various courts. The World Bank has also acknowledged NJDG Swapnil Tripathi vs Supreme Court Of India on 26 September, 2018 Indian Kanoon - http://indiankanoon.org/doc/43629806/ 46 as a significant innovation. It serves as a national judicial data warehouse that may be used to shape legislative policy. C.5 Other facilities created to speed up justice delivery (i) NSTEP: National Software and Tracking of Electronic Process, is a mechanism that consists of a centralised service tracking application and a mobile app for court bailiffs. NSTEP has been created for speedy delivery of process and to reduce inordinate delays in judicial procedures. The mobile app, equipped with GPS location tracking assists the bailiffs in realtime and transparent tracking of services. The mobile app also has the PART C facility to record the photo and signature of the receiver. In case of nonservice of notice or communication, the mobile application instantly communicates it to the central NSTEP server. (ii) Video Conferencing: In an effort to speed up the judicial process, videoconferencing facilities connecting courts and jails have been established in 488 courts and 342 jails across India. C.6 Concept of Video-Streaming/Web-Cast Advancement in technology and increased internet penetration has facilitated transmission of live or pre-recorded video feed to devices like computers, tabs and mobiles. Live-webcast or streaming of court proceedings in real time can be implemented through available technological solutions. Live-webcast or streaming is the fastest method for communicating and is most suited for connecting geographically dispersed audiences. C.7 Virtual reality as an extension of the open court The time has come for this Court to take a step further in adopting technology and to enable live-streaming of its proceedings. Live-streaming of courtroom proceedings is an extension of the principle of open courts. Live-streaming will have the ability to reach a wide number of audiences with the touch of a button. PART C It will enable litigants and members of the public to have a virtual experience of courtroom proceedings even outside the courtroom premises. 18 There are multiple reasons why live-streaming will be beneficial to the judicial system: a. The technology of live-streaming injects radical immediacy into courtroom proceedings. Each hearing is made public within seconds of its occurrence. It enables viewers to have virtual access to courtroom proceedings as they unfold; b. Introduction of live-streaming will effectuate the public’s right to know about court proceedings. It will enable those affected by the decisions of the Court to observe the manner in which judicial Swapnil Tripathi vs Supreme Court Of India on 26 September, 2018 Indian Kanoon - http://indiankanoon.org/doc/43629806/ 47 decisions are made. It will help bring the work of the judiciary to the lives of citizens; c. Live-streaming of courtroom proceedings will reduce the public’s reliance on second-hand narratives to obtain information about important judgments of the Court and the course of judicial hearings. Society will be able to view court proceedings first hand and form reasoned and educated opinions about the functioning of courts. This will help reduce misinformation and misunderstanding about the judicial process; d. Viewing court proceedings will also serve an educational purpose. Law students will be able to observe and learn from the interactions between PART C the Bar and the Bench. The archives will constitute a rich source for aspiring advocates and academicians to study legal advocacy procedures, interpretation of the law, and oratory skills, among other things. It will further promote research into the institutional functioning of the courts. Live-streaming and broadcasting will also increase the reach of the courts as it can penetrate to every part of the country; e. Live-streaming will enhance the rule of law and promote better understanding of legal governance as part of the functioning of democracy; f. Live-streaming will remove physical barriers to viewing court proceedings by enabling the public to view proceedings from outside courtroom premises. This will also reduce the congestion which is currently plaguing courtrooms. It will reduce the need for litigants to travel to the courts to observe the proceedings of their cases; g. Live-streaming is a significant instrument of enhancing the accountability of judicial institutions and of all those who participate in the judicial process. Delay in the dispensation of justice is a matter of serious concern. Live-streaming of court proceedings will enable members of the public to know of the causes of adjournments and the reasons why hearings are delayed; and PART D h. Above all, sunlight is the best disinfectant. Live-streaming as an extension of the principle of open courts will ensure that the interface between a court hearing with virtual reality will result in the dissemination of information in the widest possible sense, imparting transparency and accountability to the judicial process.