Based on a writ petition [Dilipkumar Tulsidas Shah v. Union of India, W.P. (C) 97/2013] filed an industrialist based in Pune, who was arrested for an alleged cyber crime, the Supreme Court has on Friday issued notice to the Central and Maharashtra governments in a public interest litigation (PIL) seeking framing of regulations and guidelines for effective investigation of cyber crimes.
The petitioner has argued that because of the ignorance of investigative agencies and the lack of a regulatory framework with respect to cyber crimes in India, instances of misplaced application of penal provisions of the IT Act and the Indian Penal Code are rampant. He also submitted that the same has, consequently, resulted in the violation of fundamental rights.
The petitioner has sought directions against the respondents to carry out proper and widespread awareness campaigns particularly for investigating agencies, intermediaries such as internet service providers and the judiciary, regarding the various forms of cyber crimes sought to be criminalized by the IT Act or any other penal law used to tackle cyber crimes.
The Court issued notice to the respondents and clubbed the matter with Shreya Singhal v. Union of India wherein similar issues were raised. Both the matters will be heard together.