[ad_1]
The Kerala High Court, whereas listening to a plea submitted by an affiliation of legal professionals and advocates looking for for introducing Hybrid Mode at Kerala Administrative Tribunal (KAT), Ernakulam, said that adopting technological means for listening to and disposal of circumstances was not a alternative anymore, however an obligation mandated by the Supreme Court of India.
Justice Devan Ramachandran noticed thus:
“There can be no doubt, going by the afore rival positions – which, in fact, are not rival but virtually supplementing each other – that adoption of technology by Courts is not one as a matter of choice, but is now more an obligation, going by the requirements of time and the directions of the Honourable Supreme Court.”
The Kerala Administrative Tribunal Ernakulam Advocates Association (KATEAA) approached the Court for implementation of hearings in ‘Hybrid Mode’ in KAT, Ernakulam as directed by the Supreme Court of India.
The Counsel for the Petitioners, Advocate Elvin Peter P.J. argued that, KAT, Ernakulam can’t draw back from effecting digital means for case disposals within the gentle of the instructions issued by the Apex Court. He said that representations have been submitted to the Secretaries of Department of Law and Department of Electronics and knowledge Technology and choices should be taken after consulting with the Chairman of KAT, Ernakulam.
Advocate P Gopal, Counsel for KAT, Ernakulam submitted that they’re conscious of the benefits of introducing Hybrid Mode for disposal of circumstances. But he contended that Hybrid Mode can’t be carried out by itself however requires help and help from the Government and different stakeholders. He submitted that the Court can difficulty applicable orders to the respondents as actions can’t be taken with out help from the Government and its functionaries.
Government Pleader Sunil Kumar Kuriakose submitted to the Court that the Government was prepared to supply help to all Courts together with the Tribunals for adopting technological means as mandated by the Supreme Court.
The Court famous that KAT Ernakulam wanted help from the Government and different stakeholders for institution of programs required for Hybrid Mode, it famous thus:
“’KAT’ cannot take a decision on their own unilaterally, since the support for establishment of the systems and its running, will certainly have to be borne and offered by the Government of Kerala at the appropriate level.”
On the premise of the above observations, the Court disposed the matter by issuing the next instructions:
- Competent authorities authority will seek the advice of the Chairman of KAT, Ernakulam and they’d take a choice upon the representations submitted by the petitioners inside a interval of 1 month,
- The State shall prepare for all obligatory infrastructure and services for KAT Ernakulam to embrace the expertise for its listening to and disposal of circumstances.
Counsel for the Petitioners: Advocates Elvin Peter P.J., Okay.R.Ganesh, Gouri Balagopal, Abhijith.Okay.Anirudhan, Sreelekshmi A.S.
Counsel for the respondents: Government Pleader Sunil Okay Kuriakose
Citation: 2023 ResideLaw (Ker) 507
Case title: The Kerala Administrative Tribunal Ernakulam Advocates Association V State of Kerala
Case quantity: WP(C) NO. 24568 OF 2023
[adinserter block=”4″]
[ad_2]
Source link