In a significant comment on the state of
judicial digitisation in India, the Supreme Court recently expressed concern
over a Motor Accident Claims Tribunal (MACT) continuing to issue handwritten
orders despite the nationwide implementation of the e-Courts project. A Bench
comprising Justices Rajesh Bindal and Vijay Bishnoi made the observation while
dealing with a claims appeal arising from proceedings before a MACT in
Hyderabad.
Upon examining the records transmitted by
the Tribunal, the Court found that the entire set of order sheets had been
written by hand, with certain portions difficult to read. The award in question
had been delivered as recently as 2024. The Bench noted that this practice
persisted even though the Government of India had invested substantial public
funds running into thousands of crores of rupees, towards the computerisation
of courts across the country. The e-Courts project, launched in 2007 and
currently in its third phase, was specifically intended to modernise court
infrastructure and promote efficiency and transparency in judicial functioning.
In that context, the Court found no reasonable justification for continuing
with handwritten orders, particularly when they were not clearly legible.
The difficulty in deciphering the
handwritten material was such that the Supreme Court had to requisition a typed
copy of the Tribunal’s orders to properly assess the matter. The Bench also
pointed out procedural deficiencies in the order sheets. It observed that the
names or unique identification numbers of the officers had not been mentioned
alongside their initials. The absence of such identifying particulars made it
difficult to determine which officer had passed a specific order or who was
presiding over the court at a given point in time. This lack of clarity, the
Court indicated, was inconsistent with the standards expected in a modern
judicial system.
Taking note of these shortcomings, the
Supreme Court directed the High Court to examine the availability and use of
digital infrastructure at the Tribunal. It asked the High Court to ascertain
whether computers had in fact been provided to the MACT. If computers were
available, the High Court was to investigate why orders were not being typed.
If they had not been supplied, the reasons for such failure were to be
identified and immediate corrective measures taken. The Bench underscored that
the judiciary as a whole is moving towards paperless functioning at every
level, and Tribunals cannot remain outside the ambit of this digital
transformation.
A copy of the judgment has been ordered to
be forwarded to the Registrar General of the Telangana High Court for placing
it before the Chief Justice. The decision is also to be circulated among other
High Courts to facilitate similar corrective action wherever required.
These observations were made in the course
of allowing appeals filed by National Insurance Company Limited against the
dismissal of its appeal by the Telangana High Court. The High Court had
declined to consider the insurer’s challenge to a compensation award exceeding
₹2.72 crore granted by the MACT, relying solely on an undertaking furnished
during execution proceedings. The Supreme Court set aside the High Court’s
orders and remitted the matter for fresh consideration on merits. Pending
adjudication, it also directed the insurer to release ₹1 crore to the claimant.