A Division Bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said that the entire project should be implemented on priority basis.
The Bench rejected the government’s argument that the financial approval needs to be sent to the cabinet.
It said there is no need for cabinet approval since the money required is less than ₹500 crore.
“Since the expenditure involved for hybrid hearing is less than ₹500 crores and the policy of hybrid hearing has already been implemented in the High Court of Delhi by the GNCTD, this Court is of the view that Clause 9 of the Schedule [of Transaction of Business Rules] is not attracted and no mandatory cabinet approval is required. Further, the matter brooks no delay as technology becomes obsolete very fast,” the Court said.
It added,
“Consequently, this Court directs the Chief Secretary, GNCTD to simultaneously proceed with and expedite the matter regarding grant of financial sanction in respect of all the 691 Courts as stated in preliminary estimate dated 19th April, 2024 for a sum of ₹387,03,19,388/- as per the configuration approved by NIC and to implement the entire project on priority basis. It is clarified that a comprehensive tender for all the 691 Courts, including pilot courts, shall be floated.”
Source: Barandbench
