Delhi High Court seeks Delhi Police stand on PIL alleging Information Technology Act not being invoked in cyber crimes

The Delhi High Court on Thursday sought Delhi Police's stand on a Public Interest Litigation (PIL) petition alleging that provisions of the Information Technology Act (IT Act) are not being invoked in cases of cyber crime in the national capital [Ananya Kumar v Union of India & Ors]. .A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing the plea filed by one Ananya Kumar, a Ph.D. scholar in cyber law. After examining the petition, the Court did not issue formal notice in the matter but asked the counsel appearing for the Delhi Police to obtain instructions. The bench then listed the case for further consideration on May 15. .The PIL, filed through Law Pretation Legal, said that the fact that Delhi Police is not invoking the provisions of the IT Act in various cyber offences was clear from the National Crime Records Bureau (NCRB) data as well as various RTI replies. "The rate of total Cyber-Crimes per One Lakh of population was 104.6 in Bengaluru, 50.5 in Lucknow and 32 in Ghaziabad but in Delhi it was measly one... from the analyses of this datam it is clearly visible that the respondent no. 2 (Delhi Police) is not invoking the provision of IT Act in the Cyber-Crime reported offences in Delhi," the plea said. It was submitted that the IT Act has an overriding effect and the Supreme Court has said that wherever any offence relating to cyber crime is reported to the police, the provisions of the IT Act should be invoked first and the IT Act will override every other Act..In his plea, Kumar stated that the IT Act also provides for appointment of an adjudicating officer to adjudicate whether any person has contravened the Act, any rule, regulation, direction or order and shall hold an inquiry. But these provision have no enforcement in Delhi since there is no information available on the State government's website regarding the same, the plea said. Therefore, the PIL sought a direction to the Delhi Police Commissioner to issue standing order/guideline to be followed by the police to invoke provision of the IT Act first whenever an FIR is registered for cyber crime. The petitioner prayed that directions should be issued to Central and Delhi governments to provide separate infrastructure and online visibility for proper functioning of the adjudicating officer appointed under the IT Act. People should also be made aware that such adjudicating officer has been appointed under the IT Act having power of the Civil Court so people can approach the said officer for redressal in respect of contravention in relation to Chapter IX of the IT Act, the petition demanded.