It was on June 30 2011 that the previous presiding officer of Cyber Appellate Tribunal attained superannuation. Since then CAT  has remained non functional.

In December 2011, Justice S K Krishnan assumed office at CAT as “Member Judicial”. He was eligible to be appointed the Presiding officer but he was not.

Now it is end May and one year since CAT last functioned. There are only a few more months before Mr Krishnan retires without handing a single hearing.

The Cyber Crime victims who have been waiting for their cases to progress are waiting endlessly without any sympathy from those who are responsible for this continued closure of CAT.

By the way who are responsible for appointing the Presiding officer?

The main responsibility is for the DIT headed by Mr Kapil Sibal. There is also a department in DIT exclusively to manage CAT and Dr Gulshan Rai is the HOD.  The appointment of the Chairperson has to be done by DIT in consultation with the Chief Justice of India.

It appears that there is a disagreement between the DIT officials and the Chief Justice of India about the choice of the Chair person. Probably Justice Krishnan has not been approved by both the Supreme Court and the DIT.  It is not clear which of these two parties have kept the designation of  Justice Krishnan pending and why?

There are vested interests who donot want CAT to be functional or want to remain dysfunctional until an appropriate person other than Justice Krishnan can be found.

Normally the beneficiaries in such instances are one of the  litigants who is likely to be adversely affected by CAT getting active. Perhaps they are waiting for a retrospective law amendment so that their cases can be decided in their favour. The finger of suspicion therefore points to some of the influential litigants supported by influential counsels who can manipulate the appointment.

It is time for the national media such as Times Now, NDTV, CNN IBN to investigate and explore this interesting episode. The truth may be more interesting than the Karnataka Lok Ayukta appointment.

Dr Manmohan Singh has time to get irritated when he is accused of corruption. But  “Non Governance” is not that irritating. Mr Kapil Sibal does not respond to letters and e-mail. Perhaps some Cartoonist only has to wake him up. MPs on the other hand respond only when there is a Dr Ambedkar issue.  Even Sonia Gandhi and Rahul Gandhi has been approached and they donot consider this important enough to intervene.

All these are leaders who are expected to take India to the next decade.

Dear Bharatmata, What a shame !!!

Mr Arnab Goswami, Mr Rajdeep, Ms Burkha Dutt, are you listening?  or You too can only wake up when there is an Anti BJP issue?

Naavi

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