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The plea alleged that the IT Act is not being implemented in its true sense by the respondents and as a result, our citizens are not able to avail timely criminal as well as a civil remedy under the said act.
The Delhi High Court on Thursday sought Delhi Police's response on a Public Interest Litigation plea alleging that the information Technology Act, 2000 was enacted by the Indian Parliament to ensure protection to the victims of Cyber-Crime but despite the enactment of the said Act the same is not being implemented in its true sense.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought Delhi Police's stand on the allegations and listed the matter for further hearing on March 15.
The order was passed in a plea filed by Ananya Kumar, a Ph.D. scholar in cyber law, through Advocates Manan Aggarwal and Vinay Kumar stating that because of the non implementation of the Act, our citizens are not able to avail timely criminal as well as a civil remedy under the said Act, even the public money spent in establishing and running the new special Cyber Police Stations in Delhi is getting wasted.
The plea stated that: "Whenever the aggrieved complainant approaches the Police in Delhi for legal action in Cyber-Crime, the police in a routine manner registers an FIR only under the provisions of the Indian Penal Code, 1860 (IPC) in contravention of the law laid down by the Supreme Court of India in Sharat Babu Digumarti Vs. Govt. of NCT of Delhi."
In view of the above, the plea sought direction to issue mandatory standing order/guideline to be followed by Delhi Police that whenever any aggrieved complainant approaches the Police in Delhi for lodging FIR related to Cyber-Crime, the Police shall initially invoke the relevant provisions of the Information Technology Act, 2000 in compliance of the law laid down by the Supreme Court.
Case Title: Ananya Kumar Vs. Union of India & Ors.
Statute: The Information and Technology Act.
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