Judiciary And ICT Base (2006)

The increasing backlog of cases is posing a big threat to our judicial system. The same was even more in the early 90 but due to the computerisation process in the Supreme Court and other courts that was reduced to a great extent. However, the backlog is still alarming. This is because mere computerisation of Courts or other Constitutional offices will not make much difference. What we need is a will and desire to use the same for speedy disposal of various assignments. There is a lack of training among Judges regarding use of IT. We need a sound training of Judges first before we wish to capatilise the benefits of IT. A good initiative taken in this regards is available at http://www.indianjudiciary.in/ . However, the same appears to be dormant for the time being. Thus, we need a public initiative as well.

I tried the same and it is available at http://indian-judiciary.blogspot.com/ . This resource is based on the ground reality that mere computerisation will not serve the purpose. The resource titled “Electronic Courts in India” is making a database of different situations that the e-courts in India may face while discharging the judicial functions. As far as the computerisation is concerned, the Judges of all courts in Delhi have their own computers that are as per the latest configurations. However, the need of the hour is greater than mere computers providing. For instance, there was a proposal in the Delhi High Court where every computer of the concerned Judges was to be connected to the Central computer. Thus, whenever something is typed it would automatically go to the central computer and from there we can have the “Certified copies” of the concerned documents. That proposal has been applied to a greater extent and now it is much easier to get the certified copies. Further, cause lists, name of the Judges, Court numbers, name of the lawyers, etc are all available on the Internet. That has also facilitated the speedier disposal of cases.

However, we need more. We need a complete utilisation of IT for the effective disposal of cases and witness protection. For instance we can use the facility of “Video Conferencing” on a large scale. Presently, it is used in some cases. We can use the concept of electronic governance for Witness protection. We can use the medium of Internet for filing of cases, bail applications, serving of notices, etc. Thus, much is still to be achieved.

Kindly see:

(a) http://perry4law.blogspot.com/2006/04/concept-of-locus-standi-and-due.html

(b) http://perry4law.blogspot.com/2006/02/electronic-legal-notices-negotiable.html

(c) http://indian-judiciary.blogspot.com/2006/01/electronic-governance-and-justice-in.html

(d) http://cyberlawindia.blogspot.com/2006/03/witness-protection-and-e-governance.html

These are some of the issues that are above mere computerisation.

With the present pace, it may take at least 10 more years to be adopted.

If we all take some pain and provide our own contributions that that task may be achieved within 1 year.

Then another concern is regarding the security of the IT infrastructure. We can provide the concerned officer with the necessary training but it is very difficult to make them technically aware about the security aspects. Thus, a technological base must also be established at the Court that may provide the security inputs to the Courts. A special attention must be paid to the Cyber Forensics aspect. It is useful for the Investigative, Prosecution and the Judicial authorities.

I still remember the hoax mail case http://perry4law.blogspot.com/2005/12/clueless-once-again-no-big-surprise.html .The accused was booked under section 121 of IPC (Waging war against the Govt). This shows the knowledge of the Govt regarding ICT matters/Cyber Law in India. We need a dedicate analysis of ICT matters in India. We do not need fill in gaps and face saving approaches. The Indian ICT strategy is highly deficient http://perry4law.blogspot.com/2005/11/deficiencies-of-indian-ict-strategy.html and we are trying our level best to make it as meaningful as possible. Let us hope that together we will make a big difference in this direction.

Source: Electronic Courts In India.

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