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IN ®
IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY ORIGINAL WRIT JURISDICTION)
Writ Petition (Civil) No. _ _ _ _of 2021
IN THE MATTER OF A PUBLIC INTEREST LITIGATION
AND
IN THE MATTER OF:
Sanser Pal Singh ... Petitioner
Versus
Union of India & Anr. . .. Respondents
PUBLIC INTEREST LITIGATION UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA IN THE NATURE OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT/
DIRECTION/ORDERS TO THE RESPONDENTS TO
IMPLEMENT THE DIRECTIONS PASSED BY THIS
HON'BLE COURT AND HON'BLE SUPREME COURT IN
REGARD TO UPLOADING OF DAILY ORDERS IN DUE
TIME AND TO TAKE APPROPRIATE ACTION AGAINST
THE ERRING COURT OFFICIALS/STAFF IN CASE OF
DEFAULT.
MEMO OF PARTIES
SANSER PAL SINGH
S/0 LATE SH. BAWOR SINGH
R/0 1ST FLOOR, D-4,
SUNVIEW APARTMENT,
BURARI, DELHI-110084 ... PETITIONER
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VERSUS
)
1. UNION OF INDIA
MINISTRY OF LAW & JUSTICE
THROUGH ITS SECRETARY
4TH FLOOR, A-WING, SHASTRI BHAWAN
NEW DELHI-11 000 1
2. GOVERNMENT OF NATIONAL CAPITAL
TERRITORY OF DELHI
THROUGH ITS CHIEF SECRETARY
DELHI SECRETRIAT ,
IP ESTATE, NEW DELHI -110 002 .... RESPONDENT
DELHI
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DATED: cl/c:Jf~o~) THROUGH
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IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY ORIGINAL WRIT JURISDICTION)
Writ Petition (Civil) No. _ _ _ _of2021
IN THE MATTER OF A PUBLIC INTEREST LITIGATION
AND
IN THE MATTER OF:
Sanser Pal Singh . . . Petitioner
Versus
Union of India & Anr. . .. Respondents
LIST OF DATES AND EVENTS
28.10.2010 That the Hon 'ble Registrar {J-Ill), Hon'ble
Supreme Court of India issued office order
no. F.34fJudl./2010
05.08.2015 That the Hon 'ble District & Session Judge I
(HQs), Tis Hazari Courts, Delhi issued
circular no. 22418-225£8/THC/2015
21.10.2019 That the Hon 'ble District & Session Judge
(HQs), Tis Hazari Courts, Delhi issued
circular no. 58336-58476/CIS/Comp./2019
25.11.2019 That the Hon 'ble Registrar General, Hon 'ble
Delhi High Court issued Circular no.
1457 /IT/DHC
31.07.2020 That the Hon'ble Joint Registrar IT & Sty.),
Hon'ble Delhi High Court issued circular no.
699 /ITj_DHC
24.12.2019 That the petitioner filed various applications
To under Right to Information Act 2005
05.12.2020
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20.10.2020 That the petitioner filed written complaints
to various District & Session Judges of Delhi
Courts including Hon 'ble District & Session
Judge (HQs), Tis Hazari Courts, Delhi but no
effective action has been taken till date
Hence this petition
DELHI
DATED: oi(c&t{~o.~'
~·
THROUGH
SEL
WWW.LIVELAW.IN
IN THE HIGH COURT OF DELHI AT NEW DELHI
(EXTRAORDINARY ORIGINAL WRIT JURISDICTION)
Writ Petition (Civil) No. _ _ _ _of 2021
IN THE MATTER OF A PUBLIC INTEREST LITIGATION
AND
IN THE MATTER OF:
Sanser Pal Singh ... Petitioner
Versus
Union of India & Anr. ... Respondents
PUBLIC INTEREST LITIGATION UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA IN THE NATURE OF
MANDAMUS OR ANY OTHER APPROPRIATE· WRIT/
DIRECTION/ORDERS TO THE RESPONDENTS TO
IMPLEMENT THE DIRECTIONS PASSED BY THIS
HON'BLE COURT AND HON'BLE SUPREME COURT IN
REGARD TO UPLOADING OF DAILY ORDERS IN DUE
TIME AND TO TAKE APPROPRIATE ACTION AGAINST
THE ERRING COURT OFFICERS/STAFF IN CASE OF
DEFAULT.
To
Hon 'ble the Chief Justice and his other Companion Judges,
Delhi High Court, New Delhi.
MOST RESPECTFULLY SHOWETH:-
By way of present Public Interest Litigation, the
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petitioner seeks 1ssuance of appropriate
writ/Direction/Orders to take appropriate action directing
the respondents to implement the directions passed by this
Hon 'ble Court and l:!_on 'ble Supreme Court in regard to
uploading of daily orders in due time and to take
appropriate action against the erring court officers/ staff in
case of default.
1. That though the petitioner has personal interest
being a practicing advocate and concerned with the
justice delivery system, however the petition has been
filed in the interest of justice delivery system which is
,in the interest of public at large and there is no
motive other than of public interest in the writ
petition
2. That the source of knowledge are as under:
a) The office order no. F.34/Judl./2010 dated
28.10.2010 passed by Hon'ble Registrar (j-Ill),
Hon 'ble Supreme court.
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b) The circular no. 1457 /IT/DHC dated 25.11.2019
passed by Hon 'ble Registrar General, Hon 'ble Delhi
High Court.
c) The circular no. 699/IT/DHC dated 31.07.2020
passed by Hon'ble Joint Registrar (IT & Sty.), Hon'ble
Delhi High Court.
d) The circular no. 22418-22568/THC/2015 dated
05.08.2015 issued by Hon'ble District & Session
Judge (HQs), Delhi.
e) The circular no. 58336-58476/CIS/Comp./2019
dated 21.10.2019 issued by Hon'ble District &
Session Judge (HQs), Delhi.
f) Various replies furnished by varwus public
information officers against applications moved by
petitioner under Right to Information Act 2005.
3. That the present petition is being filed for the benefit
of the lawyers, litigants and the public at large.
4. That to the best of knowledge of the petitioner, no
other persons/bodies/institutions, except the
respondents and court staff/officials accountable to
upload order sheets of hon 'ble courts on
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portal/ website of courts, is likely to be affected by the
orders sought in the present writ petition and if
another person/bodies/institution shall be deemed to
be affected, he shall be impleaded as respondents
and to the knowledge of the petitioner no other
personnel/bodies/institutions are likely to be affected
by the orders sought in the writ petition. )
5. That the petitioner is an Advocate enrolled with Bar
Council of Delhi having enrollment no. D /67/2008
and the petitioner have means to pay the costs, if
any, imposed by this Hon'ble Court.
6. That the petitioner approached var1ous hon'ble
district judges including DJ (HQs), Tis Hazari Courts
but no action has been taken by any authority so far
to resolve the grievances of petitioner. The copies of
complaints· addressed to various hon'ble district
judges including DJ (HQs), are placed herewith this
petition as ANNEXURE P-2 (Colly).
7. That the respondents are being the part of
Government functionary/ machinery themselves and
covered within the definition of State as per Article 12
/
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of Constitution of India and accordingly amenable to
writ jurisdiction of this Hon 'ble High Court.
8. That the respondents are governing, appointing and
disciplinary authority of the court staff/officials, who
are accountable and duty bound to upload order
sheets of hon'ble courts on portal/website of courts
as well as salary to these court staff/ officials is paid
by respondents.
BRIEF FACTS OF THE CASE:-
A. That the petitioner is an advocate practicing in
Hon 'ble Delhi District Courts, Hon 'ble Delhi . High
Court and various courts in Uttar Pradesh.
B. That the petitioner is, like most of other advocates
and litigants, aggrieved due to non-uploading of order
sheet courts on the online portal/website of Hon'ble
courts and therefore the petitioner has to inspect
court files to read the court orders which consumes a
lot of time of petitioner as well as of the hon 'ble
courts and court staff, papers and court fee also.
C. That printouts of case information of some cases of
petitioner and of some other advocates, in which all
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order sheet of hon'ble courts are not uploaded, are
annexed herewith the instant petition as
ANNEXURE-P-l.
D. That the petitioner, being aggrieved with the reason
mentioned above, filed written complaints dated
20.10.2020 to various Hon'ble District Judges
including DJ (HQs) and sent its copy to Hon 'ble
Supreme Court and Hon 'ble Delhi High Court. The
copies of said complaints alongwith postal receipt are
annexed herewith as ANNEXURE-P-2 (Colly) .
. E. That there are various circulars and office orders
passed by Hon 'ble Registrar of Hon 'ble Supreme
Court, Hon 'ble Registrar General and Hon 'ble
Registrar (IT) of Delhi High Court and Hon 'ble District
& Session Judge (HQs) from time to time in reference
of uploading the court orders on online
portal/website of courts.
F. That the direction in the form of Office order dated
28.10.2010 of the Supreme Court of India in which it
was directed as under:-
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1) Upon pronouncement of any judgment/order in CAV
matter, the same should be uploaded at the earliest
and in any case within 48 hours of signing of
judgment by Han 'ble Judges of the Court concerned.
2) AR-cum-PS should send the Pen Drive withfinalized
judgment to Court Master concerned on day fzxed for
pronouncement of the judgment, the Court Master(s)
will ensure that is at the time of pronouncement and
signing of the Judgment/Order, there is any
correction, the same is carried out also in the soft·
copy of the judgment/ order before uploading the
same. Court Master(s) shall also intimate such
correction(s) to AR-cum-PSs at Residential Office(s) of
the concerned Hon'ble Judges for correction zn
records maintained at Residential Office(s).
The above directions be complied with by all
concerned strictly.
The copy of said Office order dated 28.10.2010 has
been annexed herewith as ANNEXURE-P-3.
G. That this Hon 'ble Court has issued a circular dated
25.11.2019, in furtherance o_f various directions (as
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mentioned in the said circular) showing concern
about the non-uploading of the judgments/orders on
the website of the court , causing inconvenience to
the lawyers, litigants and public at large. The circular
dated 25.11.2019 is annexed herewith this petition (
as ANNEXURE-P-4.
H. That this Hon'ble Court has also issued a circular
dated 31.07.2020, in the form of direction to the
concerned officers, showing concern about the
uploading of the judgments/orders on the website of
the court. The circular dated 31.07.2020 is annexed
herewith as ANNEXURE-P-5.
I. That the Hon'ble District & Session Judge (HQs),
Delhi, Tis Hazari Courts has issued two circulars
dated 05.08.2015 and 21.10.2019, in furtherance of
various directions as mentioned in the said circular)
showing concern about the non-uploading of the
judgments/orders on the website of the court ,
causing inconvenience to the lawyers, litigants and
public at large. The copies of circulars mentioned
above are annexed as ANNEXVRE-P-6 & P-7.
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J. That the petitioner filed various applications before
Public Information Officers of Hon 'ble Supreme
Court, Hon 'ble Delhi High and Hon 'ble District &
Session Judge (HQs). Copies of same are annexed
herewith as ANNEXURE-P-8 (Colly.).
K. That though the petitioner has personal interest
being a practicing advocate and concerned with the
justice delivery system, however the petition has been
filed in the interest of justice delivery system which is
in the interest of public at large. The such deliberate
act of non-compliance of the above said office
orders/ circulars or ne,gligence causing inconvenience
to the lawyers, litigants and public at large.
9. That the petitioners wants the indulgence of this
Hon 'ble court in the matter on following amongst
other grounds:-
GROUNDS
I. Because the petitioner in the capacity of an
advocate, is counsel of litigants in various court
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cases and is aggrieved due to non-uploading of
order sheets of various hon 'ble courts on online
portal/website of hon'ble courts.
II. Because the petitioner not only has to waste his
time but money also to inspect the court files by
visiting courts to study the daily orders as the
daily orders are not uploaded regularly on the
online portal/website of courts.
III. Because the precious time of Hon 'ble courts is also
gets waste when the petitioner visits the courts to
inspect the court files.
IV. Because the petitioner made written complaint
dated 20.10.2020 addressed varwus District
Judges including Hon 'ble District & Session Judge
(HQs) but no effective action has been taken.
10. That no similar petition 1s pending against
respondents/erring .police officers before the
Hon'ble Delhi High Court or any other court of law.
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PRAYER:-
In v1ew of the facts and circumstances, it is
therefore, respectfully prayed that this Hon'ble Court
may please to:-
a) Issue a writ in the nature of Mandamus or any other
appropriate writ/ direction/ order to the respondents
to comply with the directions contained in Annexure-
3 to 7 to upload the Daily Order Sheets within
prescribed time limit; and
b) Issue necessary guidelines in this regards; and/ or
c) Pass any other or further order as this Hon'ble Court
may deem fit and just, in the facts and circumstances
of the case, in the interest of justice.
DELHI ~
PETITIONER
DATED: o'ijo~f fu, &\
I
(Yog~a oop & Kapil Kisho~ushik)
En.No.Dj1024/1993,D/1498/2016
Counsels for Petitioner
# 199A, Western Wing,
Tis Hazari Court Complex,
Delhi - 11 0054
Mob: 9810371649
e-mail: yogeshswroop@gmail.com
