The Delhi Police has informed the Delhi High Court that 15 cyber police stations have been established in each district in the national capital to combat and mitigate cyber crimes.
The Delhi Police has also said that the Cyber Crime Unit of Delhi has been rechristened as Intelligence Fusion & Strategic Operations (IFSO) Unit and its mandate has been expanded to “generate intelligence and carry out operations to counter new cyber crimes.”
The submissions have been made by the Delhi Police in its reply to a public interest litigation alleging that its officials fail to invoke provisions of Information Technology Act, 2000 while registering cases related to cyber crimes. The plea has been moved by Ananya Kumar, a Ph.D. scholar, doing research on crimes against women in cyber space.
“Cyber Crime reporting facilitation number 1930 (earlier 155260) is functioning round the clock. To strengthen the system of 1930, a copy of FIR registered on any complaint or a complaint submitted via 1930 helpline is being sent to the concerned financial entity within 24 hours so that the banks/wallets have authentic reasons to block the money. PAN linkage of mobile numbers is affected to link the cyber fraudster found complicit in the cybercrime across the country,” the reply reads.
It adds that the mobile numbers found involved in cyber crimes are sent to Department of Telecommunications for blocking and that the Delhi Police has also signed an MOU with Truecaller to detect fake numbers.
It has been submitted that the application gives a green badge to the verified numbers of police personnel and a blue tick mark to the verified government services.
“This Unit organized a one-day JCCTs (Joint Cyber Crime Co ordination Teams) conference in which Senior officers of the rank of Dy. SP to Addl. DGsP from 9 states and stakeholders fromn banks, TSPS, DoT., SFIO, FIU, Cert-In, and Meity participated. At length discussion with regard to hot spots and the action plan to mitigate cyber crime took place,” the police has said.
It further said that Delhi LG Vinay Kumar Saxena has also unveiled an e-book on “Cyber Swachhta for Citizens” which will be used to create awareness through various social media platforms.
The Union Ministry of Electronics and Information Technology has also filed its response in the matter and said that the States and Union Territories are empowered to provide “separate infrastructure and online visibility” for the regular functioning of the respective Adjudicating Officers appointed under the IT Act, 2000.
“…. thus only States/UTs are to run suitable awareness programs to make people aware of their functions. That, therefore, it is humbly prayed before this Hon’ble Court to pass orders as deemed fit and necessary in the present case and circumstances,” the Ministry said.
The matter was listed before a division bench comprising of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula which granted time to the Delhi Government for filing its affidavit in the matter.
The plea seeks a direction on the Commissioner of Delhi Police to issue a mandatory standing order or guideline to be followed in all police stations for invoking of provisions of IT Act on receiving complaints for lodging FIRs relating to cyber crimes.
As per the plea, the provisions have to be invoked in compliance of judgment of Supreme Court in Sharat Babu Digumarti v. Govt. of NCT of Delhi and also under the mandate of Section 81 of the enactment.
The provision states that IT Act will have an overriding effect and that its provisions shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force.
The PIL also seeks direction on all respondents to provide “separate infrastructure and online visibility” for proper functioning of adjudicating officer appointed under the IT Act and to run mass awareness publicity to increase public awareness about such appointment.
The plea avers that due to non-implementation of provisions under IT Act in its true sense, the public money spent in establishing and running the special cyber cell police stations in the national capital is getting wasted and that the aggrieved person is unable to avail the remedy under the enactment.
Title: ANANYA KUMAR v. UNION OF INDIA & ORS.