A Writ Petition (WP37477/2012) filed in Karnataka High Court regarding the non appointment of a Chair person for Cyber Appellate Tribunal will be coming up for hearing today.
During the past several hearings, the Government advocate has been requesting time to file a reply on behalf of the Government of India. Hope a reply will be filed today.
It appears from the news paper reports today that the Government of India is trying to change the system of appointments to the judicial positions and have a greater say for the Government in the appointments.
Probably in the CAT chairman’s appointment also the Government of India has a specific interest which could be the reason for the non appointment of the Chairperson. Whether it is Lok Ayukta in Karnataka or Gujarat or the CAT Chair person, it appears that the politicians want to have a greater say in judicial appointments. While such interest is understandable in the Lok Ayukta appointments since the appointee is expected to handle politically sensitive cases, there is no such consideration in the CAT appointment. The delay and the reluctance of the Government is therefore indicative of some personal interest of the Ministry officials in the appointment rather than the Government as a whole. Now that the same minister heads both the IT and Law Ministry, there is no inter ministerial conflict either. The implications on who is behind the delay is therefore clearer than before.
Cyber Criminals of the Country are happy that the political and judicial confusions on the matter of appointment of a judicial authority gives them more time to continue their nefarious activities without the fear of law.