During the first Bangalore Cyber Security summit in 2009, a promise was made by the then Presiding officer Sri Rajesh Tandon that he would be happy to see the setting up of a southern bench on CAT in Bangalore as proposed by Naavi. The then Home minister of the Sate, late Sri M. V. Acharya as well as the Law secretary of the state who were present during the deliberations also agreed with the suggestion.
Subsequently, despite several attempts, the State Government never took steps to send a formal request to the CAT and the matter remained unattended. During the second Bangalore security summit in 2010, the IT Secretary Sri M.N.Vidyashankar again promised that the CAT Southern bench will be set up within a few months.
Nothing moved except that Justice Rajesh Tandon moved out of CAT on superannuation. The Government of India did not move even to post a replacement for Justice Rajesh Tandon and far from a new Southern Bench of CAT being created, even the CAT in Delhi remained closed for operations.
Unmindful of these developments, the Karnataka IT Secretary has again made a promise during this year’s Bangalore Cyber Security Summit that the southern bench of CAT would be formed.
Coming from an IT Secretary who believes that “No Company can invoke Section 43 of ITA 2008″ and “No complaint can be filed against a Company under Section 43″, (Refer award here) the promise of a CAT bench in Bangalore appears like an “Election Promise of a Politician”. Related Report in Deccan Chronicle
What is required immediately in Karnataka to restore the Cyber Judiciary processÂ with an immediate review of the decision of the IT Secretary as the Adjudicator in respect of three phishing cases. Since these involve an adverse implication on Banks who are E Governance partners of the IT Department of Karnataka, there is a direct conflict of interest between the IT Secretary who is the Adjudicator. Hence there is a need for a different Adjudicator to be appointed for the purpose. The State Government needs to initiate action on this matter.
Since the appellate authority namely CAT in Delhi is not functional, there is a need for higher echelons of the Judiciary namely the Chief Justice of Karnataka and the Chief Justice of India to initiate such action as is necessary for reinstalling a working Cyber Judiciary in India and particularly in Karnataka.
I invite the attention of the Chief Secretary,the Chief Minister and theÂ Law MinisterÂ of the State to bestow their personal attention in the matter despite their other pressing priorities.
Naavi on behalf of all the victims of Cyber Crimes in Karnataka