Chhattisgarh High Court Directs Swift Appointment of Electronic Evidence Examiners
Court Stresses Urgency in Designation Under IT Act to Combat Rising Cyber Crimes
In a significant move, the Chhattisgarh High Court has directed authorities to expedite the appointment of Examiners of Electronic Evidence under Section 79A of the Information Technology Act, 2000, highlighting the critical role these appointments play in combating cyber offences. The division bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, underscored the importance of these examiners in ensuring the effective administration of justice in cyber-related cases.
The judgment came in response to a Public Interest Litigation (PIL) filed by petitioner Shirin Malewar, who raised concerns about the delay in the appointment process and its impact on handling cyber crimes effectively. Represented by counsel Rudra Pratap Dubey and others, the petitioner argued that timely appointments are essential to maintain the integrity of digital evidence within the justice delivery system.
During the hearing, Mr. Ramakant Mishra, Deputy Solicitor General for the Union of India, requested a month's time to address the issues raised. The court acknowledged that while the initial stage of appointments has been completed, the subsequent stages are facing delays due to pending queries from the Union of India to the State Government.
The judges emphasized that procedural formalities for such appointments should not be treated as mere bureaucratic actions. They stressed that delays in appointing these examiners hamper law enforcement and judicial authorities' ability to tackle cyber offences efficiently. The court urged concerned authorities to expedite all necessary procedures, considering the public interest and the protection of citizens' rights.
The judgment also pointed out the societal threats posed by the misuse of technology despite the enactment of the Information Technology Act, 2000. The court directed the authorities to complete procedural requirements without avoidable delays to uphold justice and integrity in handling digital evidence.
The matter is scheduled for further hearing on November 4, 2025, as requested by the Deputy Solicitor General. This directive from the Chhattisgarh High Court is seen as a pivotal step in strengthening the legal framework against cyber crimes, ensuring the prompt and effective investigation and adjudication of such offences.
Bottom Line:
Public Interest Litigation highlighting the need for urgent appointment or designation of Examiners of Electronic Evidence under Section 79A of the Information Technology Act, 2000 to ensure timely and effective investigation and adjudication of cyber offences.
Statutory provision(s): Section 79A of the Information Technology Act, 2000
Shirin Malewar v. Union of India, (Chhattisgarh)(DB) : Law Finder Doc Id # 2794360
