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2023 (10) TMI 1212

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..... ong to create and make the website functional. As observed by the Supreme Court, the technology plays an essential role in securing access to court rooms and, as a result, access to justice for citizens across the country. In embracing technology, the tribunals in a progressive State like Maharashtra cannot remain primitive. Providing of a website would certainly enhance the efficiency in the working of the tribunal and make effective the access to justice. Thus, it is of utmost necessity that the President of the MSTT on urgent basis forwards a proposal to the State Government in regard to making available video conferencing facilities in conducting Court proceedings, unless the same are already in place. The present proceedings are .....

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..... the Finance Department addressing the issues as set out in the orders passed on the present proceedings and, more particularly, in respect of compliance report dated 4th August 2023, which was taken on record. 2. In pursuance of our order dated 24th August 2023, on behalf of the Finance Department of the State of Maharashtra, Shri Mandar Ashok Kelkar, Deputy Secretary, Finance, has placed on record an affidavit dated 18th September 2023. In such affidavit, setting out the background, it is inter alia stated that as soon as the proposal for the development of website from the President, MSTT is received to the Finance Department it would expedite the process of approval at the earliest. The relevant contents of the said affidavit in para .....

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..... pondent No. 4 is making strenuous efforts to comply with the directions at the earliest. It is most humbly submitted that the Tribunal is utmost interested in complying with the directions given by Hon ble High Court in Writ Petition No. 655 of 2023 (A.S.) regarding development of separate website of the Tribunal. The steps taken by this office from 24.08.2023 till this date are as follows: i. A meeting regarding further development in creation of website was held with Joint Commissioner, MAHAVIKAS and Project Management Consultant (PMC) i.e. E Y in which, PMC was directed to enlist required points regarding hosting infrastructure in cloud computing environment to enable MSTT to get it from NIC. These points are required for making .....

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..... IT C). vi A comprehensive proposal for administrative and financial approval (EXHIBIT D) for creation and maintenance of Maharashtra Sales Tax Tribunal (MSTT) website has already been prepared by MSTT and submitted to the Principal Secretary (Financial Reforms), Finance Department, Government of Maharashtra, Mantralaya, Mumbai on 27.09.2023 for approval. The said proposal was presented, discussed and approved in 76th Project Implementation Committee (PIC) meeting of Finance Department held on 10.10.2023. vii. Further necessary steps will be immediately taken for procuring technical manpower and cloud hosting infrastructure related work for creation of MSTT website. viii. MSTT is fully committed for complying with the direc .....

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..... e Court has made the following observations in regard to a Tribunal: 16. Above all, it must be noted that technology plays an essential role in securing access to courtrooms and, as a result, access to justice for citizens across the country. Lawyers and litigants using electronic gadgets to access files and legal materials cannot be asked to turn the clock back and only refer to paper books. In the march of technology, the Courts cannot remain tech averse. Placing fetters on hybrid hearings, like mandating an age criteria, requiring prior application, and frequent denial of access to virtual participants has the direct effect of discouraging lawyers and litigants to use technology. Not only does this affect the efficiency and access t .....

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..... stituted by the Central Government are already video conferencing (VC) compliant. The State Tribunals also need to provide such facilities, as ordered by the Supreme Court, which would also be an essential facet of access to justice. 9. At this stage, Ms. Vyas, has submitted that the NIC is likely to take longer time. It needs to be appreciated that there is nothing so herculean and / or impossible in creation of a Website and that too with the expertise and experience of the NIC has in dealing/creating of several websites of different courts, including of the High Courts in the country. It is therefore, difficult to accept the contention of Ms. Vyas that it may not be possible for the NIC to create the MSTT website by 31st December 2023 .....

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