Mr Kapil Sibal
Minister of Communications and Information Technology
Government of India
It was good to hear in your interview on Head Lines Today where you stated that there are no pending files in your Ministry.
For the last few months, I have been reminding DIT that a decision on the appointment of the Presiding Officer of Cyber Appellate Tribunal in place of Justice Sri Rajesh Tandon who retired on June 30, 2011 was pending. My understanding is that this file is pending on your table for a long time.
This matter was a routine administrative matter which could have been addressed several months back. However the department neither took steps to find a replacement for Mr Rajesh Tandon nor took a decision temporary or otherwise to allow him to continue for some more time.
I am aware that the appointment of the presiding officer of CAT is an important decision that requires deliberation and consultation with the Chief Justice of India also. However it is unfortunate that the department did not do its home work in time to avoid a situation where the Indian Cyber Crime Judicial system was left head less.
What the department nees to appreciate is that the lack of decision on their part has left many Cyber Crime victims who were looking forward to decisions from CAT mercilessly in the limbo. These victims are suffering from losses on account of Cyber Crimes and they are not bothered if the department is burdened with either the 2G scam or any other matter. They are today extremely upset that the indecision on the part of the department has left them feeling that this Government is not interested in their welfare.
I am sorry to sound critical but I as a representative of Cyber Crime victims is personally suffering the pain that many of them are undergoing. I am more aggrieved that there are a few Judgements which were posted for July after completion of a prolonged deliberation in the CAT and even they have now remained in the cupboard.
The outgoing Presiding officer could not complete this responsibility before his retirement. The department did not consider the appointment a priority over other pressing matters and in the bargain the public have been left suffering.
I therefore consider that your statement that no files are pending at your Ministry is not correct.
If your statement is correct and you have already disposed off this file, I would be the happiest person to regret this communication. I would then request you to kindly advise your office to communicate their decision to the public through an appropriate notification.
I am using this channel of communication because the designated e-mail email@example.com meant for you is not functioning for quite some time and I am not keen on sending one more snail mail reminder which in the past has been found to be ignored by the department.
I hope this open letter will atleast take the information to you and you would advise yout department to take necessary action.
Please accept my apologies if I have hurt you in the process of this communication.