India’s first 24-hour online court, designed with an aim to help reduce the huge backlog of cases, has started functioning in Kollam, Kerala. On November 21, Judicial Magistrate First Class Soorya S. Sukumaran, in-charge of the court, presided over the first proceedings.

Initiated by the Kerala High Court and supported by the Supreme Court, the system is expected to operate in three first class courts and the Kollam magistrate’s court.

The court functions in a hybrid mode and is primarily responsible for dealing with cases relating to dishonor of checks, under Section 138 of the Negotiable Instruments Act, 1881. Cases can be filed in the court throughout the daytime.

The maximum penalty in a bad check case is a fine, which may be up to twice the amount of the check, or imprisonment not exceeding two years, or both. However, it will take years to complete the trial.

Kollam is among the districts in Kerala where the number of bounced check cases is very high, although no reasonable estimate of the accumulation is available. Ontario’s court (open and networked) eliminates the need for in-person appearances, hearings, and arguments. and the trials were all conducted online. The summons for the accused will be sent digitally to their respective police stations. Defendants and their sureties can submit bail applications and documents online for approval.

Lawyers and police officers in Kollam find the hybrid court an attractive proposition for delivering speedy justice. They point out that check bounce cases are piling up in higher courts and the trial is becoming a lengthy process. “Dishonored check cases take a long time to resolve and remain pending before the courts. This could change now,” said a Kerala police officer.

State Law Minister P. Rajeev congratulated the judiciary for this innovative concept. “Our government continues to support the justice system to deliver the best. The hybrid court, open 24 hours a day, will transform judicial proceedings in the state,” Rajeev told INDIA TODAY.

However, Dr Sebastian Paul, eminent Supreme Court lawyer and former Lok Sabha MP, differs and says that what India needs is “accident courts”. “This means that all courts of first instance must operate 24 hours a day,” he explains: “A person arrested, for example, on a Friday after 5 p.m., is kept in custody until Monday morning. With a 24/7 judicial court, the police will be obliged to produce the accused before the magistrate soon after the arrest is recorded. This will go a long way in ensuring the rights of the poor and contributing to justice. Why can’t trial courts operate 24 hours a day, like hospital emergency departments?”

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