SC allows e-filing by AOR to save cost, paper and prevent Covid-19 spread

Source: www.livemint.com

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-- Japnam Bindra

The e-filing is aimed at promoting a cost and time effective system while adopting technological solutions to file cases before various courts in India

With an aim to promote paperless filing and introduce cost saving efficiencies the Supreme court allows e-filing of petitions by Advocates on record (AoR) amidst the nation-wide lockdown due to covid-19.

An AoR is an advocate who having passed a qualifying examination conducted by the Supreme Court is allowed to file petitions in the Top court.

In a first, a webinar was inaugurated by the Chief Justice SA Bobde where the e-filing module, developed by the apex court’s e-committee for online filing of cases, was unveiled. Chief Justice while speaking at the webinar said that the transition to digitization was not easy but now it is here to stay and this is the only way forward for the judicial bodies across India.

Highlighting how technology can save cost and time, Chief Justice said “Technology must be simple to use, and does not exclude any citizen anywhere. The rule of law must survive irrespective of virus. Artificial Intelligence can play a great role in organization of courts, categorization of matters and automation of courts. If we were to have this system during Ayodhya matter, then we could have dealt much more efficiently, as there were thousands of pages to go through".

Justice DY Chandrachud, Chairperson of the E-committee also spoke and said that this model of e-filing includes cost effective method where preparing huge amount of hard copies of petitions is done away with and petitions are uploaded on the portal. A 24x7 e-filing facility, incorporation of online court fee payment, use of digital signature and digitalized scrutiny mechanism for defects and objections in the petitions are few of the key features envisaged through the introduction of e-filing, said Justice Chandrachud.

An e-Filing-User Manual launched at the webinar incorporates a step by step guide to enable e-filing. In a step to reduce paper and enhance online filing, all the documents will not be uploaded on the filing portal with the signatures of the person filing the case. The manual explains in detail how digital signature can be generated and used for the filing purposes. There are two different choices to digitally sign the affirmation (An affirmation is a formal declaration made by the litigant) in a petition. One way to sign is using digital signature token provided by the Certified Authority approved under The Information Technology Act, 2000. Another way is using e-Sign facility to sign the documents. This facility provided by the Government of India (managed by CDAC exclusively). This e-Sign facility is provided free of cost especially for the litigants and lawyers who do not possess digital signature token or cannot afford to purchase such digital signature token.

The aim as mentioned in the manual states that e-filing is not just a step for ease of business but is aimed at promoting a cost and time effective system while adopting technological solutions to file cases before various courts in India.

Advocate Saurabh Ajay Gupta is one the leading AoR and arguing counsel at Supreme court and presently is also Additional Advocate General for the State of Chhattisgarh in Supreme Court. While talking to Mint, he said, “The e-filing system introduced by the Apex court is a step in the right direction. My urgent matters are being listed within short span of time and through the efficient process of e-filing."

He did add that there are initial teething problems for uploading the vast amount of documents attached with a petition. Though, the helpline set up for assistance responds immediately and is helpful.

"This system is surely time efficient once you get accustomed to it. A tech savvy person would be more comfortable handling the entire e-filing process. Additionally, the paperless transaction is a huge step to save environment and prevent paper wastage by simple digitalization of the filing process. "

Provisions have also been made to make online payment towards court fees and allied charges through Stock Holding Corporation. One can pay the Court fees by debit card, credit card or UPI or Net Banking through Atom Bank, as mentioned in the manual.

Another significant feature enlisted in the manual is that of technical assistance provided by the E-filing Resource center, where the staff is available to answer queries from 9am to 6pm IST on each business day. On the e-Filing portal there is chat facility made available through which assistance can be sought.

The manual also incorporates rules and guidelines for litigants who prefer appearing in person than through a lawyer. A party-in-person can register himself on the e-filing portal using paperless KYC mode by giving his Aadhar details.