The COVID-19 pandemic has changed the dynamics of the human life, and it has affected everyone in one or another way, be it in the shape of health, wealth, social gatherings, business, routine life, education, and even family life in some cases. It has exposed the world’s approach towards the health care sector and expects more importance, investment, and expertise in this sector. As renowned scientists, chemists have also not succeeded in finding treatment to this so far, however most of the nations are trying to find the solution. The people are trying to find alternate means to deal with the day to day affairs. As the world is in lockdown due to the threat of spreading the virus, the experts are trying to find different ways and means to continue daily activities.
In the current state of war against COVID-19, direct communication and meetings have been disconnected or made limited. However, we are compelled to remain in contact with their offices, family, and friends using information and communication technology. The educational institutions have started imparting education through online mode. Multinational companies and other organizations have adopted work from home policy. Their official operations are carried out through the internet, now even government meetings and briefings are held through video conference.
In such a state of affairs, when public and private sector is adopting the online methods for work from home, through video conferencing, etc. In this backdrop, why not court proceedings be held through online means, which involves i.e. filing of cases through e-mail, hearing of arguments online, and deciding cases without the physical appearance of the lawyer. No one knows and is sure about the actual period of complete eradication of this deadly virus and availability its vaccine. Hence there is a strong need for doing work through alternate ways and adopting modern tools and techniques. Due to lockdown in the country, intra city transport, train, and airline services are stopped, and as a result, people have to suspend all formal, social gatherings and meetings. People only come out from homes in extreme emergency and need. As most offices are or working with less staff, demand for online solutions is increasing.
The absence of staff, refusal of work is tantamount to deny the fundamental rights of life in general and access to justice in particular. It is well known Latin maxim that has been used in the legal system worldwide i.e fiat justitaruatcalem ” (Let justice be done though the heavens fall)” rather Churchill was informed about massive deaths and the collapse of economy, but he inquired that “Are the courts functioning? It was replied in affirmative and said that the judges were dispensing justice as normal, he replied, thank God. If the courts are working, nothing can go wrong”. In such eventuality, the non-functioning of Courts tantamount to the denial of justice” and violation of Article 10 of the Constitution of Pakistan 1973 which states that “for the determination of his civil rights and obligations or in any criminal charge against him, a person shall be entitled to a fair trial and due process”. However, courts are functioning during the lockdown, but, the regular trial of cases is stopped, and only urgent matters are taken up and being heard all over the country. However, the state is responsible under Article 37 on the Promotion of social justice and eradication of the social evils of the constitution of Pakistan and clause (d) envisages that The State shall ensure inexpensive and expeditious justice.
District Judge East, Islamabad, has initiated an e-court system, and started hearing urgent cases and filing of bail applications initially from inmates through e-filing mode
In given circumstances, the electronic court system was need of the time had it been introduced earlier like developed countries. However, it is better than never; the Pakistani justice system can be accessed electronically without spending much money and passing special legislation through available tools and applications introduced by Google Drive free of cost. Google provides the facility of G-mail account, which can be created free of costs having free space of up to 8GB. The primary accounts may be created for District Court and Civil Courts for filling of cases electronically, which is said to be e-filing. Lawyers may be allowed file cases by scanning the suits, petition, with documents relied upon that may be sent through e-mail to the official account of the senior civil judge judicial for entrust to the civil court or allowed to be field directly to the court per territorial and pecuniary jurisdiction respectively. Likewise appeals, bail petitions, and petitions 22-A CrPC may be filed through e-mail before district & sessions judge for hearing either in e-court or any other court having facility of video conferencing. Lawyers and litigants can be informed through e-mail about fixation of the matter in e-court. The hearing arrangements can be made through a video link that is provided by Google Meet or through Skype.
In this regard, SOPs can be framed by the district judges and senior civil judges with the consultation of bar representatives for the following and guidance of the litigants and lawyers. In this regard, the District Judge East, Islamabad, has initiated an e-court system, and started hearing urgent cases and filing of bail applications initially from inmates through e-filing mode. The applications will be heard through video link in District East Islamabad without spending a single penny. The already available computer accessories will be used for e-court arrangements, although these accessories are not much expensive. These can be provided to each court separately for the e-hearing of the matters if the lawyers and litigants are aware of google drive, which provides many options for connecting people online and work from home by maintaining social distancing as everyone has android mobile with a data connection and mobile apps also created by Google for the use of the google drive options. Further, National Information Technology Board (NITB) also provides services to the Federal Ministries and departments, including Attorney General Office for case management, so NITB can also be given task for creating software of e-filing with a broad mechanism so that inexpensive and expeditious justice is provided to the aggrieved people and justice may not be delayed.
The author is Senior Civil Judge, District East, Islamabad. He can be reached at rasoolbm110@gmail.com