The Jharkhand High Court on Thursday directed the state government to complete the formalities for appointing an adjudicating officer under the Information Technology Act, a statutory post crucial for addressing cases of cyber fraud and data breaches in the state.
A division bench comprising Chief Justice Tarlok Singh Chauhan and Justice Rajesh Shankar issued the direction while hearing a public interest litigation (PIL) filed by Manoj Kumar Singh. The petitioner highlighted that despite the IT Act being in force for over two decades, no adjudicating officer had been appointed in Jharkhand in the last 21 years.
Granting four weeks’ time to complete the process, the court directed the government to report back by September 15.
Singh, through his counsel Utkarsh Singh, argued that the absence of an adjudicating officer has deprived victims of cyber fraud and data breaches of statutory remedies available under the Act. The law provides for compensation to victims, which cannot be enforced without the officer in place.
The counsel further informed the court that the adjudicating officer has powers akin to a civil court, including summoning individuals, examining witnesses, demanding production of documents, and awarding compensation up to ₹5 lakh to victims. Additionally, such an appointment would ease the growing burden of cyber-related litigation on regular courts, he added.
The bench observed that the appointment is a statutory requirement under the IT Act and must be complied with by the state government without further delay. The matter will be heard next on September 15.
