MOCKERY OF JUSTICE IN INDIA (In reference to Cyber Litigation’s)

In the beginning I would like to apologies those, who were felt offended by the title of this blog.As an extended arm of Justice i.e. being an Advocate myself , I am also a part of this Indian Judicial System which is making Mockery of Justice for those who are availing justice in matters of Cyber Litigation.

Very few people and very few lawyers are aware about the remedial measures in case of Civil matters related to Cyber Crimes.Where the civil dispute in cyberspace is between two individuals or body corporate and individuals there is Civil Remedy under Information Technology Act.

Under Information Technology Act Section 46 Government is empowered to appoint Adjudicator and Under section 48 Government is empowered to appoint Cyber Appellate Tribunal and chairperson to CAT.

If any person is aggrieved by decision of Adjudicator he can move to Cyber Appellate Tribunal for appeal.

The real mockery of Cyber Litigation starts now.

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!!!!!!!

To top all the mockeries The Cyber Appellate Tribunal is without any Chairperson since last 3-4 years.Matters filed before CAT since 7 October 2010 have never came up for hearing since there is no Chairperson appointed to CAT.

Till date 1 matter of 2009,2 matters of 2010,6 matters of 2011,4 matters of 2012 ,10 matters of 2013 and 8 matters of 2014 have never moved a step further after their filing.

We very proudly say that JUSTICE DELAYED IS JUSTICE DENIED and our directive principles also emphasis for Speedier Justice to all and look the situation in Cyber Crime Civil Justice Mechanism.Here neither of the above are applicable and which in my view is Really Mockery of Cyber Litigation.

Recently even Government of India has given undertaking before Hon.High court that CAT chairperson will be appointed soon as all the procedural formalities are completed but the day is yet far away!!!!!

The growth in cyber crimes is amazing and the very message send to criminals by our Judicial system that we are not performing is adding Cherry on the top!!!!!!!

The only intent is to create some serious thought process churning and do whatever we can to prevent this Mockery!!!!!!

Advocate Mahendra Limaye
Cyber Legal Consultant

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