Delhi High Court dismisses PIL seeking creation of special courts for cybercrime cases

The Delhi High Court on Wednesday refused to entertain a public interest litigation (PIL) petition seeking directions for the establishment of dedicated special courts to deal with cybercrime cases and to equip such courts with infrastructure and technical support [Vijay Bhaskar Verma vs Union of India & Ors.].

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that there is no statutory provision that mandates the creation of such special courts to exclusively deal with cybercrimes.

“How can we issue any mandamus? Wherever special courts are enacted, the concerned statute provides for that, say, SC/ST Act and POCSO Act. There have been a mandate by the Act itself for creation of special courts. Is there any such provision anywhere?” the Chief Justice stated. 

Therefore, the Court dismissed the PIL petition, but said that the petitioner is free to make a representation in this regard to the concerned authorities. 

“We are unable to accede to the prayer in the petition. However, in the overall facts of the case, we permit the petitioner to represent his cause to the concerned authorities. The same shall be attended to and decided by concerned authority with expedition,” the Court directed. 

The petition stated that the increasing frequency of cyber offences in the form of financial fraud, data theft, cyberstalking and online harassment poses a grave threat to a person’s privacy, national security, and economic stability. 

It said that the delay in the adjudication of cybercrime cases not only undermines public trust in the justice delivery system but also emboldens perpetrators and compromises the efficacy of law enforcement efforts. For tackling this issue, the establishment of special courts would provide a clear and efficient pathway for the prosecution of cyber criminals, the petitioner added.

The petition sought directions to the Union Ministry of Home Affairs, the Indian Cybercrime Coordination Centre and the Delhi Police Cyber Crime to establish dedicated special courts to exclusively deal with cyber crime matters

The petition was filed by advocate Vijay Bhaskar Verma and drafted by advocates Manish Kumar and Neha Srivastava.