Orissa High Court Criticizes Ineffective Investigation In Cyber Crimes Cases; Asks State To Apprise About Policies To Tackle Such Crimes

The Orissa High Court has expressed grave concerns over inaction of police as well as the State Government to tackle the menace of increasing cyber-crimes in the State. While criticizing the cyber-crime police for its dismal performance, the Single Bench of Justice Chittaranjan Dash held:

“From the reports placed in the Court it can very well be presumed that the manner the Cyber Crimes are handled would pose a great threat as hardly any interest is shown for a sincere and deep rooted investigation.”

The Court was hearing a plea of Dr. Biswajeet Lenka, an eminent Geoscientist attached to the Geological Survey of India who alleged that his reputation is being tarnished by his colleagues who keep on bringing up several write ups, articles and letters in the Google app besides anonymously sending mails in his name as well as in the names of his family members.

Being aggrieved, the petitioner had filed a complaint with the Cyber Crime and Economic Offense Police Station. However, despite registration of complaint, his colleagues did not desist from spreading offensive articles against him. Therefore, the petitioner was constrained to approach the High Court seeking action against them.

The Court had previously ordered the concerned parties including the Government of India to obtain instructions in the light of the notice issued under Section 91 of the CrPC to Google. But counsel for the petitioner alleged that no effective step was taken to procure information from Google after lodging of the FIR.

The Union Government washed its hands off the responsibility by taking the plea that it has no nexus with Google so as to secure information related to any cyber-crime. Counsel appearing for the State, on the other hand, submitted that Google expressed its disinclination to provide information saying it may hamper the fundamental rights and freedoms of a user of Google's services.

Against the backdrop of such submissions from the Government stakeholders, the counsel for the petitioner attracted the attention of the Court to a letter which was said to have been received from the Grievance Appellate Committee (GAC), Govt. of India which revealed that there was no communication from the police to obtain information, otherwise the GAC could have passed binding orders to Google requiring it to provide the details required.

Court's Observations

After hearing submissions of the parties, the Court said that it has come across several cases under the grip of cyber-crime in the recent past and people of the State are in “complete cloud” on the increased number of cases involving cyber-crimes.

The Single Bench expressed apprehension as to whether any policy has been implemented so far by the State Government to tackle the increasing statistics of cyber-crimes in the State.

The Court expressed displeasure on the aforesaid inaction of the Cyber Crime and Economic Offences wing, which was discernible from the reply of the GAC, Government of India.

“In view of the above, it is tall tale clear that the Police in the Cyber Crime have remained completely recalcitrant in pursuing the investigation in the right direction with sincerity. Needless to mention that the action, if would have been performed in the right direction at the right time by the Cyber Crime and Economic Offences Police, the imputation made to the Petitioner and his image would not have been under jeopardy,” it added.

The Court, therefore, directed the Director General, Crime CID, CB to monitor the case on priority basis and ensure that no unauthorized and illegal statement against the petitioner is made on the platforms of Google or otherwise and it also directed the top cop to file an affidavit with regard to the steps taken during the investigation by the next date.

“It is also directed that the Secretary, Home, Government of Odisha to submit an affidavit and appraise this Court on the various policies, if any formulated to tackle the menace of Cyber Crime,” it further ordered.

The matter is now listed to February 20, 2024 for next hearing.

Case Title: Dr. Biswajeet Lenka v. Union of India & Ors.

Case No: CRLMP No. 1200 of 2023

Date of Order: January 09, 2024

Counsel for the Petitioner: Mr. S.K. Ojha, Advocate

Counsel for the Respondents: Mr. D. Biswal, Additional Standing Counsel for the State; Mr. U.R. Jena, Panel Counsel for Union of India

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