DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, A.P., INDIA

NAME OF THE PROJECT TOPIC

Pandemic situation: E-filing

SUBJECT

Civil Procedure Code

NAME OF THE FACULTY

Dr. Bhagya Lakshmi.N

NAME OF THE STUDENT

Kranthi Kiran. T

Regd No. 18LLB127

Sec: B

V Semester

Acknowledgment
I heart fully express my special thanks to my subject teacher Dr. bhagya Lakshmi.N, Assistant professor of law for
giving me the opportunity to do the project on the topic “Pandemic situation: E-filing”. It helped me to know
many things and gain knowledge. I also thank her for guiding me throughout the project and responding for my
doubts regarding the project.

I would also like to thank my University ‘Damodaram Sanjivayya National Law University’ for providing me with
all the required materials for the completion of my project and I also came to know many new things.

Table of Contents
Chapter I

Abstract…………………………………………………………………………………….1-2

Court turns to video-conferencing and e-filing…………………………………………2

Digitization of judicial process gets big push amid pandemic…………………………3

Chapter II

E-filing system………………………………………………………………………….3-4

 Advantages of e-filing

Virtual Hearings– A path that must be continued post-pandemic………………….4-5

 Virtual Courts
 Way Forward

Chapter III

Case Laws………………………………………………………………………………….5-9

Conclusion…………………………………………………………………………………..9

Bibliography…………………………………………………………………………………10

Table of Cases
 Case Title Citation

Re Prashant Bhushan vs Court That A Notice Was 2020 SCC OnLine SC 646
Issued To ...

Abhinav Ramkrishna vs Union Of India  2020.05.08 17:27:11

Arnab Ranjan Goswami vs The Maharashtra State 2020 SCC Online SC 462. 

Rhea Chakraborty v. State of Bihar & Ors 2020 SCC OnLine SC 654

Chebrolu Leela Prasad Rao vs State Of A.P 2020 SCC OnLine SC 383
1

Abstract

The pandemic of COVID-19 has had a significant influence on how culture and institutions work.The Court,also,
would have to respond to the pandemic's obstacles and decide the right course of action. Of course, the Court
suspended regular operation and served on both the administrative and judicial sides at a limited level. We look
back at two things in this two-part term review: cases that have been decided and the dependency of the court on
technology to continue its operations.

In these difficult times, the conventional hearing of cases varies. The courts are hearing online case arguments due
to the country's lockdown. Because of the state of COVID-19, many organisations and businesses have changed
their working style. Because of the present situation, the courts in India have changed their working style as well.
Because of the extended lockdown in the region, this change occurred. It was not possible to shut the courts for so
many days. The cases began to pile up, and urgent matters would have to be taken up and dealt with.

The courts have thus begun the digitalization of their procedures.Via video conferencing, judges began to hear
urgent matters. Filing processes also began online for hearing events. E-filing was created in order to file lawsuits
before the High Courts and District Courts. Applications and written arguments were submitted online by
Advocate.A print of this would be given online to the opposite supporter. All courts in the nation have begun to
move to the digitalization of judicial proceedings.

Objectives:

 The main objective is to know how this e filing played a major role in judiciary in pandemic situation.

 To study the advantages of e filing

 To give a detailed study on e filing with respective case laws.

Scope: The scope of this study is curtailed to the laws applicable in India.

Literature Review

 E-filing primer, Nelson, Sharon D.Vol. 18, Issue 8 (December 2001)-jstor

This article gives a basic knowledge on e-filing and shows how it has been implementing and working in the
present situatuion and also analyses the case laws which were filed through e filing.

 Mandatory e filing is coming, Finkel,Illinois Bar Journal, Vol. 104, Issue 3 (March 2016)-Hein online
This author in the article critically examined the necessity of e-filing and explains its advantages and made a
comparision between open court hearings and this virtual court hearings.
2

 Corrections&clarifications:E-filing made easy,ABA Journal, Vol. 90, No. 2 (February 2004)-Lexis

advanced
This article deals with the objective of e filing and also clarifies that virtual court hearings are comfortable and
justice would be done very fastly in the present technologically developed world.
Court turns to video-conferencing and e-filing

The Court also switched to technology to continue working during the COVID-19 triggered lockdown. The Court
established a bench on 22 March to hear "extremely urgent" issues through  video conference.It has built a video
conference room on its grounds for lawyers and litigants, who otherwise would not have access to sufficient
facilities, to ensure accessibility. By 26th March, it was emphatically encouraging all advocates to make use of its
e-filing system. Litigants can file all petitions and entries through the Supreme Court of India's web-entryway.

1
In its latest 'Standard Operating Procedure' published on fourteenth June, it standardized the system for the posting
of cases. Utilizing a blend of the Court's legitimate website and e-mail, the Registrar has gone completely
computerized.In the soul of keeping hearings open to the general population, the Court has allowed a limited
number of writers to view hearings from its video-conferencing room.

Hearing of arguments in all the courts is by video conferencing. The advocates connect to the concerned judges
before whom their cases are filed, from their homes and argue cases at the given time. The opposite advocates
additionally join at the given time to hear the arguments. Along these lines, the hearing of cases takes place online.

The courts in India have incorporated e-courts through the Integrated Mission Mode Project (E-Courts Project) as a
component of the National eGovernance Plan (NeGP) formulated by the Government of India. E-courts provide for
filing of cases online in every single High Court and District Courts of India through e-filing alternative.

Digitization of judicial process gets big push amid pandemic

In the midst of constraints on preserving social distance, the Supreme Court (SC) made filing cases online easy and
accessible. Between 22 March and 8 July, according to the SC registry, 640 cases were registered online. 2In the
Supreme Court, the e-filing process has made it simple to file lawsuits. 640 advocates on record have registered for
e-filing cases in (the) Supreme Court during the lockdown era. This is a step to digitize the judicial process, stated
law and information technology minister Ravi shankar prasad.

1
E-filing primer, Nelson, Sharon D.Vol. 18, Issue 8 (December 2001), pp. 41-45

2
e filing is coming, Finkel,Illinois Bar Journal, Vol. 104, Issue 3 (March 2016), pp. 30-57
3

Although the outbreak of covid-19 and the ensuing national lockdown compelled the apex court to follow e-filing
of urgent petition cases, it is now making it available slowly for routine matters. In May, in the midst of the
lockdown, the court permitted the e-filing of petitions by lawyers on record (AoR).

Some of the main features envisaged by the implementation of e-filing include a 24x7 e-filing facility, the
provision of online court fee payment, the use of digital signatures and the digital scrutiny process for
discrepancies and challenges in petitions, said Justice D.Y. Chandrachud, the e-committee chairperson.

In other courts, too, digitization has been implemented. For eg, the Delhi high court, well before the outbreak of
covid-19, initiated the e-filing of cases. It was, however, confined to commercial matters, such as cases of
arbitration, and relied on the judge hearing the case as well. Post-implementation of the lockdown, e-filing was
implemented for all urgent matters, regardless of what the case has been about.

E-filing system
3
In India, most advocates and litigants are unaware of and reluctant to use these services. The e-filing system was
introduced in the Delhi High Court in 2009. At first in 2013 it was introduced in Company and Tax locale. In 2015
it was extended to Arbitration purview. In this process, the pleadings and documents are filed electronically at the
e-filing centers. An advanced signature of the lawyer/disputant is needed for filing such cases. An e-filing stand in
the High Court of Delhi to enable the lawyers desirous of acquaintances with the e-filing procedures has been set
up. Compared to the other High Courts in the nation, the Delhi High Court is a long ways ahead in terms of
technology. Around 10 courts in the Delhi High Court work as e-courts. In e-courts, the case files are digitized as
searchable PDF configuration and PDF files are bookmarked as indicated by the index-sheets and thereafter
converted into portfolios containing different folders as per the records of the case file i.e., pleadings, orders, office
taking note of etc. The arrangement of case files are linked with the e-Cause List of the Court.

Advantages of e-filing:

 Convenience- Filing for 24 * 7 is open.

 Court fees can also be charged via credit card/internet banking from the comfort of one's office/party home.
 An e-filing system that is adequately configured to provide online access to files would allow lawyers
representing parties to have immediate access to the filings as soon as they are on site. Immediate access.
 No more waiting two or three days to obtain a copy of the brief in the mail.
3
Corrections&clarifications: E-filing made easy,ABA Journal, Vol. 90, No. 2 (February 2004), p. 11
4

Virtual Hearings– A path that must be continued post-pandemic

4
The Supreme Court (SC) has passed directives to all courts across the country to make extensive use of video
conferencing for judicial hearings in the aftermath of the Coronavirus Pandemic. In accordance with Article 142,
the Supreme Court exercised its plenary power to direct all the high courts to frame a framework for the use of
technology during the pandemic.

The SC is heading through technical innovation for its service and has been holding hearings since March 25 by
video conferencing to preserve social distance.

Virtual Courts

 Virtual Courts is indeed a framework required to replace the presence in the court of litigants or lawyers
and remote adjudication of the case.
 In the presence of trained judges, an e-court or electronic court means a place where matters of law are
adjudicated and which has a well-developed technological infrastructure.
 The e-courts vary from the computerized courts that have operated since the 1990s.
 The operation of e-courts calls for an online environment and an infrastructure provided by Information and
Communication Technology (ICT).
 This would be useful for both the enhancement of court proceedings and the provision of citizen-centered
services.
 The goal of e-Courts is to render legal procedures smoother and thus more user-friendly.
 The status of their case can be accessed online by litigants via different platforms developed for service
delivery.

Way forward

Order 16 Rule 2 of the Code of Civil Procedure, 1908 and Section 312 of the Code of Criminal Procedure, 1973
are examples where expenses to be incurred on calling of witnesses put burden on the finances of a gathering or
government. Given the costs involved and such tendencies of witnesses, video-conferencing of court proceedings
offers an edge-slicing answer for these since quite a while ago involved issues.

4
E-Filing: Changing the Rules and The Work Flow, Christy Hubbard,GP Solo, Vol. 18, No. 6, The Best Articles Published by the ABA
(September 2001), pp. 30-31
5

To the opposite contentions are raised that absence of openness and infrastructure facilities shows non-feasibility
of e-hearings versus actual hearing. It is argued that e-hearings have restricted access of courts to the general
population, specifically columnist and like gatherings.

In this way, the virtual courts instead hold an unbounded potential towards giving real meaning to the terms open
court and transparency.It has been time and again observed that that justice should be speedy, affordable, and
accessible. The transformation of the courts to e-hearings will just further add to the trust of the people in the legal
system and will likewise water the points of the above-said adage.

Case Laws

5
Re Prashant Bhushan vs Court That A Notice Was Issued To ...

Facts

 A tweet about the Chief Justice of India was published on 29 June 2020 by advocate Prashant Bhushan,
accompanied by an image of CJI Bobde on a motorcycle.

On 2 July, Mahek Maheshwari, argued by lawyer Anuj Saxena, filed a petition against Bhushan and Twitter India
requesting the court to commence tweet contempt proceedings, alleging that it 'inspired a feeling of no-confidence'
in the judiciary's autonomy and led to 'scandalizing the court.'

The SC has taken suo moto cognizance of the petition on 21 July and initiated contempt proceedings against both
Bhushan and Twitter India for specific tweets that had been published on the website of the latter. The matter was
put forward for a hearing on 22 July.

Issue

Whether the given reasoning about e hearings by supreme court is justifiable?

Arguments

Bhushan filed a written petition in response, asking the SC to retrieve the notice of contempt served against him.
He claimed that the original petition that led the SC to take suo moto cognizance was faulty because, as prescribed
by Section 15 of the Contempt of Courts Act, 1971 and Rule 3(c) of the Rules to Regulate Proceedings for
Contempt of the Supreme Court, 1975, the Attorney General had not approved it.

5
2020 SCC OnLine SC 646
6

On 24 August, Prashant Bhushan filed a supplementary claim, wherein he stated: 'If I withdraw a statement during
that court which I either consider to be valid or give an insincere apology, that even in my view will lead to the
contempt of my conscience but of an institution that I hold in highest esteem'. The Court heard, on 25 August,
Attorney General K.K. Venugopal and Sr. Adv. Av. Rajeev Dhavan on the effect of this declaration and, until then,
reserved his order for sentencing

Reasoning

At para 67, it was noted that "the total number of seats held by the various benches between 23.3.2020 and
4.8.2020 is 879." The Court has heard 12748 matters during this time. In that time, 686 written petitions filed under
Article 32 of the Constitution of India were dealt with by the Court.

On 31 August 2020, the Supreme Court provided a Standard of Practice for the resumption of physical hearings
with respect to a small number of courts and lawyers.

In addition to the Supreme Court, a large number of cases were also taken up and disposed of by video-
conferencing and e filing by the various High Courts, District Courts and Tribunals.

As it is based only in New Delhi, this is more clear when talking about the Supreme Court. The case for Tribunals
and Appellate Tribunals is close. The appealing parties and the arguing advisers frequently travel to and from long
distances across the country. In terms of time and resources, this burdens the stakeholders. E-hearings will help to
reduce the financial burden and save money and time spent on traveling.

Judgment

On 31 August, a week later, the Court fined Bhushan INR 1. Before 15 September 2020, he is expected to pay this.
Furthermore, Bhushan will be sentenced with 3 months imprisonment in the event of non-compliance and
prohibited from practicing law for 3 years.

6
Abhinav Ramkrishna vs Union Of India 

Facts

Under the Advocates Welfare Fund Act 2001, the petition filed by lawyer Abhinav Ramkrishna sought guidance to
prepare a "uniform national level scheme" to resolve the situation such as the corona virus pandemic under the
Advocates Welfare Fund Act 2001.

6
 2020.05.08 17:27:11
7

It tried to decide whether or not the decision of the different Councils of State Bars to extend a small amount to
lawyers for subsistence as a one-time payment for loss of work and income could be considered a dignified
consideration and a breach of Article 21 of the Constitution.

The plea alleges that the Ministry of Law & Legal Affairs, which is primarily essential for the overall development
of the judicial system in the country,has remained a "mute spectator" over the problems faced by lawyers and has
not taken any action to date. However, preventive steps are important and often take an hour, but at the same time
it is not possible to expect the respondents to be in a deep slumber state or to be indifferent to the economic and
mental difficulty faced by lawyers, with the exception of few who have achieved a milestone through their hard
work and acumen, the plea stated.

Issue

Whether the contentions of the petitioner are justifiable and whether they are valid under court of law?

Arguments

The petitioner stated that on filing the vakalatnama each time they join appearance, lawyers across the nation have
paid welfare amount and in the uncertain situation such as the current one, it is incumbent on all State Bar Councils
to come clean with the amount of funds they have in the welfare account.

It also challenged the decision of the Delhi, Chhattisgarh, Gujarat and Kerala bar councils to provide daily earning
lawyers with one-time financial assistance, arguing that it would not fulfill the purpose of providing them with a
dignified life.

The petition objected to the decision of the Karnataka State Bar Council to offer an interest-free loan of Rs.10,000
to a lawyer pursuant to the available funds and claimed that it was against the Welfare Fund Act of the Advocates.

Reasoning

A argument is being put forward that by virtual trial, courts have begun to work. But, anyway, how many lawyers
can actually afford the expensive technology or devices is a question that looks right on our face? Or how many of
them really had a chance to be tech-savvy within their small source of income or were trained to be tech-savvy in
law schools or colleges or were prepared for these uncertainties?

In addition, its financial status and financing as a legislative agency should be made available in the public domain
in order to ensure accountability.
8

Judgment

SC dismisses plea to seek an uniform national welfare scheme for lawyers in need

In this pandemic scenario, this petition was submitted via electronic filing, which was very beneficial. While the
courts have prevented Advocates from coming to court, courts are adjudicating important matters affecting the life
and rights of people using video conferencing from virtual court rooms.

Arnab Ranjan Goswami vs The Maharashtra State7

Goswami had been arrested for allegedly promoting the suicide of interior designer Naik and his mother Kumud
Naik, directors of Concorde Designs Private Limited, on 4 November from his residence in Mumbai for not paying
83 lakhs towards the Bombay Dyeing Studio Project. On Wednesday, the Supreme Court Bench of Justices D.Y.
Chandrachud and Indira Banerjee ordered the release on temporary bail of Republic TV owner and editor Arnab
Goswami and his other co-accused, after hearing the appeal against the Bombay high court order refusing interim
relief to Goswami.In refusing the appeal for grant of temporary bail, the Bombay high court had been in error, the
bench held.

The petition for bail was submitted via e filing.Virtual courts are an improvement over conventional courts since
they are more citizen-friendly and have greater access to justice.As there will be no daily trips to the courts and
long waiting hours, the productivity of lawyers will greatly improve. If this procedure is applied to other civil
cases, productivity in judicial functioning would double, even snare.

Rhea Chakraborty v. State of Bihar & Ors8

Put in no time, the judgment arises out of a transfer petition under Section 406 CrPC filed by the Petitioner for
transfer of a First Information Report (FIR) registered at Patna, Bihar and all subsequent proceedings from the
purview of the concerned Magistrate, Bihar to the concerned Magistrate, Mumbai, Maharashtra. The transfer was
looked for on the ground that the person in question/deceased, whose unnatural death was reported under Section
174 CrPC, was residing inside the ward of the concerned police station at Mumbai. The FIR was filed by the father
of the person in question/deceased against the Petitioner in Patna.

the court, considering the forms of the power under Section 406 CrPC, concluded that lone cases and appeals can
be transferred and not investigation.

This tranfer petition was filed through e filing.

7
2020 SCC Online SC 462. 
8
2020 SCC OnLine SC 654
9

Some advocates feel that a simple solution is interactive listening. Advocate R M Arun Swaminathan says that,
from anywhere, we can present our cases. It saves both time and distance, not to forget the expense of travel.
Former Special Government Pleader Aayiram K Selvakumar says he is welcoming the transition, maybe not
private practitioners.

Chebrolu Leela Prasad Rao vs State Of A.P9

Andhra pradesh govt. affirmed absolute reservation for ST teachers in scheduled areas,So this was challenged in
supreme court. Sc quashed the state govt's order because it is violative of article 14 and 16(4). Government is
limited by the announcement set somewhere near supreme court in Indra sawhney and other decisions holding that
the constraint of reservation not to exceed 50 percent.

The court held that 100% reservations for teacher posts in schools in scheduled areas is illegal.

The case decision was made via video conference. The cost savings and hours of service flexibility are some of the
main advantages of a virtual court. Traditionally, courts are open only on business days to the public. This is,
however, limiting in that many litigants still operate on business days who need to reach the courts. Not only can
virtual courts remove this challenge by allowing 24-hours-a-day, seven-days-a-week access to online electronic
filing and some other case processing,

Conclusion

The Indian judiciary, like other organizations, is confronting an unprecedented challenge and making a decent
attempt to devise means to keep the wheels of justice moving. The principle avenue is by mediating urgent matters
through video-conferencing and giving several directions. As indicated by Chief Justice of India SA Bobde, the
Supreme Court was among the first establishments in Quite a while to respond to the threat posed by Covid-19 and
the decision to make a change to video-conferencing was done to reduce the footfall in court premises. "We have
to change as indicated by the needs of the times, there is a need for change of mindset. Presently, there is no
returning," he had said.

Since march 22, the apex court has decided to restrict its working to extremely urgent matters and a bench was set
up to hear the same over video-conferencing and e-filing. The Court set up a room on its premises with video-
conferencing facilities available to ensure accessibility to every one of those lawyers and advocates who might not
have the required infrastructure available otherwise. A limited number of columnists were likewise allowed to view
hearings from a video-conferencing room, in the soul of keeping hearings open to the general population.

Bibliography
9
2020 SCC OnLine SC 383
10

 E-filing primer, Nelson, Sharon D.Vol. 18, Issue 8 (December 2001)-jstor

 Mandatory e filing is coming, Finkel,Illinois Bar Journal, Vol. 104, Issue 3 (March 2016)-Hein online

 Corrections&clarifications: E-filing made easy,ABA Journal, Vol. 90, No. 2 (February 2004)-Lexis
advanced
 E-Filing: Changing the Rules and The Work Flow, Christy Hubbard,GP Solo, Vol. 18, No. 6, The Best
Articles Published by the ABA (September 2001) Hein online
 Shiv mangal sharma,https://www.hg.org/legal-articles/brief-summary-about-e-filing-in-supreme-court-of-
india-particularly-in-the-situation-of-covid-19-pandemic-55399