HOW TO FILE A CASE ONLINE IN SUPREME COURT OF INDIA PARTICULARLY IN THE SITUATION OF PANDEMIC DUE TO COVID-19
BRIEF SUMMARY ABOUT E-FILING
In order to make justice more
accessible at all time and less expensive, the e-filing in the Supreme court
commenced in India from 2 October 2006.
This electronic innovation gained a
strong recognition through its subsequent endorsement in the e-court project
approved by government of India in February 2007. As a part of this project a
user-friendly program with interactive features has been prepared by the
National Informatics Centre (NIC).
Legal system in India is considered to
be conventional when it comes to archaic practices and comparison with legal
system of other countries. But, recent pandemic of COVID-19 which is an extra ordinary situation have
shown that Indian Courts must be fully equipped with the technology to enable
their unobstructed functioning if such an extraordinary situation comes to keep
the wheels of justice moving.
This note describe the process of the
online case filing in Supreme Court of India after analysing various
notifications, circulars, guidelines issued from time to time and the practices
issued by the Supreme Court of India vis-à-vis the e-filing of the cases
through the portal provided by the NIC on the Supreme Court’s website.
Advantages
of e-filing:
Convenience- Filing is open for 24*7.
Court Fees can also be paid from the
comfort of one’s office/party’s home using credit card/ internet banking.
Immediate Access– An e-filing system
which is properly designed to provide online access to files will permit
attorneys representing parties to have immediate access to the filings as soon
as they are up on site.
No more waiting for two or three days
for a copy of the brief to come in mail.
PROCESS
& STEPS FOR E-FILING
1.
The “E-FILING” portal is now available on the top-most tabs
on the Supreme Court’s website and can be accessed through the following link “https://main.sci.gov.in/efiling”.
The portal also has e-filing Manual, instructions/guidelines, for Special Leave Petition and Writ Petitions etc.
2. The matters in the Supreme Court
of India can only be filed by an Advocate-On-Record of the Supreme Court of
India, with an exception for the filing by the petitioner-in-person. Even on
the e-filing portal only these two sections can file the case online using the
service.
3.
The first-time users of E-filing have to register themselves through the “New Registration” option (https://main.sci.gov.in/efiling-registration)
provided on the portal and to do the same the e-filing manual (https://main.sci.gov.in/php/FAQ/5_624699152643 4439183.pdf)
may be referred as it provides a step-by-step process for registration. The
registered users may directly Login in the portal and proceed with the filing.
4. Once the registration on the
E-filing Portal is complete and the Login-Id and password has been retrieved by
the user, then the following steps are required:
a.
a. Filing
b.
b. Lower Court.
c.
c. Indexing
d.
d. Additional Party and Additional
Advocate
e.
e. Subject Category
f.
f. Limitation
g.
g. Generate ID.
Reports
a) Report b) History c) Cases
The
following Step-by-Step Procedure may be followed for filing of a new case on
the E-filing Portal: -
Step 1: Click on New E-filing- Fill
the details and save it
·
Step-2: Enter Lower Court details
·
Step 2.1: Click on Complete button.
·
Step 3: Indexing- Fill all the details and upload PDF with correct
indexing and click on complete button.
·
Step 4: Additional Party and Additional Advocate details- In this enter
all Parties / Advocate name in respective column. After completion process id.
will be generated.
·
Step 5: Subject Category Select Subject Category of the case and Submit
it.
·
Step 6: Generate Id: Click on Generate and complete. Thereafter, Click on
Ok Button.
·
Step7: User will get Provisional Application No. User can use this
Provisional Application No. for future reference.
The user may also explore the
“Report” option for the following purposes: -
REPORT
No. 01: User Can take the print of the case
filed by him. By Feeding the Provisional Application No. in the screen.
REPORT
No. 02: History- Use of this report –User can
get information regarding all the matters filed by him through only E-filing
Mode in this report.
REPORT
No. 03: Cases- User will be able to see
Pending/Disposed matter.
Note: Hope the above information is useful. For any query feel free to
contact us.
By
Shiv Mangal Sharma
Advocate
Supreme Court