In a significant order, the Delhi High Court on Wednesday dismissed a PIL that sought the creation of dedicated special courts for cybercrime cases, holding that no law currently mandates the establishment of such courts.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela made it clear that the judiciary cannot direct the government to set up special courts unless the statute itself provides for it.
Quoting the Chief Justice, the Court observed:
“How can we issue any mandamus? Wherever special courts are enacted, the concerned statute provides for that… Is there any such provision anywhere?”
Since no statutory provision exists for special cybercrime courts—unlike the SC/ST Act or the POCSO Act—the Bench refused to entertain the plea filed by advocate Vijay Bhaskar Verma, drafted by advocates Manish Kumar and Neha Srivastava.
However, the Court allowed the petitioner to take the matter to the appropriate authorities.
“We permit the petitioner to represent his cause… The same shall be attended to and decided with expedition,” the order stated.
What the PIL Claimed
The petition highlighted the rising wave of cyber offences, including financial fraud, data theft, cyberstalking, and online harassment—crimes that threaten privacy, national security, and economic stability.
It argued that delays in adjudicating cybercrime cases erode public confidence and embolden offenders. Special courts, the petitioner claimed, would streamline prosecution and strengthen law enforcement.
The PIL sought directions to the Union Ministry of Home Affairs, the Indian Cybercrime Coordination Centre (I4C), and the Delhi Police Cyber Cell to establish exclusive cybercrime courts equipped with modern infrastructure and technical expertise.
Bottom Line
The High Court’s message is clear: without a statutory mandate, courts cannot create special judicial forums. The responsibility now shifts to the executive to consider the petitioner’s representation.
Case: Vijay Bhaskar Verma vs Union of India & Ors. – Available on LAWFYI.IO
