It was interesting to note the blog post http://mahenlimaye.blogspot.in/ in which advocate Mahendra Limaye has pointed out that in response to a survey across the IT Secretaries in India, most were not even aware about their duties to the public as an “Adjudicator”.
Mr Limaye points out
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In most of the states in India office of Adjudicator is almost non-existent or non-performing. The reason behind the same is either the person who is supposed to be Adjudicator is not aware about his duties or the office staff of the said supposed to be Adjudicator is not aware about the procedure of the office of Adjudicator and above all most of the cyber crime victims/ lawyers /police officers are not aware about this CIVIL REDRESS MECHANISM.
Recently I mailed to most of the I T Secretaries in India to ascertain whether they have received any complaints for Adjudication and was shocked to discover that Most of the I T Secretaries offices responded that matter is to be filed with Police and I T Secretary has no role to play in Cyber Crimes adjudication.
Do you consider this as a Mockery? I certainly do!!!!!!!
The story does not end here. Few adjudicators(which can be counted on fingers) in India who are deciding the matters,have not set up any formal procedure for the Adjudication.No specific dates of month are reserved for the hearings nor there is any limitation within which parties are supposed to reply or police are supposed to submit there investigation report etc.Though as per provisions of 4k Adjudicator is supposed to hear application within 4 months and dispose within 6 months.
Do you consider this as a Mockery? I certainly do!!!!!!!
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Naavi.org has spoken ad nauseam on this subject. It is good that other Cyber Law professionals are also feeling the injustice that is being meted out to the public of India.
Before we go further, I need to make a mention that at present we need to make a special mention of Mr Rajesh Aggarwal, IT Secretary of Mumbai who has been doing an yeoman service in this regard and has been adjudging on a number of cases under Section 46. We also need to remember Mr PWC Davidar of Chennai who was the pioneer who gave his landmark adjudication verdict in the case of Umashankar Vs ICICI Bank. These two are exceptions to whatever comment can be made that certain IT Secretaries are unaware of their responsibilities etc.
At the same time it is necessary to remember certain IT Secretaries who could not raise above conflicting interests and certain others who are arrogant enough to say that they know enough of Cyber Law to teach even the other Cyber Law experts in the market for decades and proceeded to take questionable decisions.
It is sad that we have also seen that Karnataka High Court failed to raise to the occasion and provide a relief when asked for and the Judge invoked the provisions selectively to suit one of the dominant parties to a dispute and ruled that the Cyber Crime victim cannot seek remedy at the High Court because there is a remedy at Cyber Appellate Tribunal (CAT) while at the same time he himself was ruling against the provisions of Section 61 of ITA 2000/8 and taking a decision in favour of one of the parties instead of directing him to approach the Cyber Appellate Tribunal. (When this decision was made it was known that the CAT was not functional at that time and directing the Cyber Crime victim to approach CAT was like pushing him into a black hole.).
We cannot also absolve the Ministry of Communications and Information Technology headed now by Mr Ravishankar Prasad which has failed to respond to a number of queries raised by the undersigned. It appears that Mr Prasad has not been able to understand the problem and is totally dependent on his support staff who are not perhaps guiding him properly.
I will also not spare the honourable Prime Minister Mr Modi of the blame since over the last few months, I have brought to the attention of Mr Modi himself that “Non Appointment of a Chair person to CAT is a huge blow to the delivery of Cyber Justice in India” but neither Mr Modi nor the PMO has even acknowledged my letters.
I would therefore like to ask Mr Modi.. Where is your efficient Governance? Is this all we can expect?
The only responses I have been receiving is from the Human Rights Commissions in Karnataka and now in Delhi. The Human Rights Commission of Karnataka did act suo moto to activate an unwilling Adjudicator but Karnataka High Court silenced the Commission. Now my latest letters to the Union Minister of IT, the PMO, and the Chief Justice of Supreme Court is with the Human rights Commission Delhi which has asked for the response from the Government.
We are waiting to see what Mr Ravi Shankar Prasad will reply now. Will he repeat what Mr Kapil Sibal said last time… or will he take an independent view. If Mr Prasad is being mislead by his support staff and for this reason he is unable to take a decision so far, I would urge him revamp the entire staff of the IT department or else take the blame for the inefficiency of his department.
Othewise Mr Modi’s Government will be no better than MMS government. Will Mr Modi take this as a compliment?
I wish advocates like Mr Limaye file a PIL to find out what is holding up the appointment of the Chair Person of CAT even after the new Government has taken over? Can it be anything other than Corruption? Nepotism? or Inefficiency?..
India has a right to know.
Naavi
