No Justification For IT Act Adjudication Mechanism Remaining Non-Functional; Operationalise Forthwith: Jharkhand High Court

The Jharkhand High Court has held that there is no justification for the adjudicating mechanism under the Information Technology Act, 2000 to remain non-functional despite statutory provisions and notifications being in place, directing the State to operationalise the system forthwith.A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing a Public Interest Litigation seeking implementation of the adjudicatory framework under Section 46 of the Information Technology Act, 2000. The petition raised a grievance that, despite the statutory mandate and notifications issued in 2003, the mechanism for adjudication of cyber complaints in Jharkhand had remained effectively a “dead letter”, with no functional system for filing and deciding complaints.The Court examined the scheme of the IT Act and noted that Section 46 provides for the appointment of adjudicating officers, while the Information Technology (Qualification and Experience of Adjudicating Officers and Manner of Holding Enquiry) Rules, 2003 prescribe detailed procedures for inquiry, service of notices, fees, and adjudication.It further noted that the Central Government had already appointed adjudicating officers through a notification dated 25.03.2003 and that the Rules provide a complete framework for functioning of such officers.The Court observed:“There should have been no difficulty for the adjudicating officer to start entertaining complaints and disposing of them in accordance with the law.”The Court took note of the State's explanation that time had been consumed in drafting and finalising Standard Operating Procedures (SOPs), but held that such administrative delays cannot justify non-functioning of a statutory mechanism. It held that the process of drafting and approvals cannot be a ground to stall implementation when the law and rules already provide sufficient guidance.Accordingly, the Court issued a writ of mandamus directing the State and the adjudicating officer to immediately operationalise the mechanism under Section 46 of the IT Act. The Court also accepted the suggestion that complaints should be capable of being filed online, and directed the State to devise a suitable mechanism within a reasonable time.Emphasising the need for accessibility and awareness, the Court directed wide publicity of the mechanism, including through local newspapers and digital platforms, so that victims of cyber fraud and other offences are aware of the remedies available.The Court further directed formulation of SOPs within six months.Case Title: Manoj Kumar Singh v. State of Jharkhand and Ors.Case No.: W.P. (PIL) No. 4900 of 2024.Appearance: Mr. Utkarsh Singh appeared for the Petitioner. Mr. Sahbaj Akhtar appeared for the Respondent.Click Here To Read/Download Order

No Justification For IT Act Adjudication Mechanism Remaining Non-Functional; Operationalise Forthwith: Jharkhand High Court

Rushil Batra

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