The Delhi High Court has refused to entertain a public interest litigation that sought the establishment of dedicated cybercrime courts. The Bench said it could not issue such directions because there is no law that provides for specialised courts for cyber offences and noted that only the legislature can create such mechanisms.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela examined the plea requesting courts with advanced infrastructure and technical expertise to handle cyber cases. The judges questioned how a mandamus could be issued without legal backing. The Chief Justice said, “How can we issue any mandamus? Wherever special courts are enacted, the concerned statute provides for that.” He pointed to legislations such as the SC ST Act and the POCSO Act that specifically mandate special courts, a provision that cybercrime laws do not contain. The court said it could not create a similar framework without statutory support.
The petition filed by advocate Vijay Bhaskar Verma highlighted the rapid rise in cyber offences, including financial frauds, data theft, cyberstalking and online harassment. He argued that these crimes pose serious threats to privacy, national security and economic stability. The plea said regular courts face heavy delays that weaken public confidence and slow down law enforcement. The petitioner had sought directions to the Union Ministry of Home Affairs, the Indian Cybercrime Coordination Centre and the Delhi Police Cyber Cell to take urgent steps for specialised cybercrime adjudication.
Although the court dismissed the public interest litigation, it allowed Verma, represented by advocates Manish Kumar and Neha Srivastava, to approach the concerned authorities with detailed representations. The Bench said that “the same shall be attended to and decided by concerned authority with expedition.” The ruling also brought attention to the larger debate on improving the handling of cyber offences in India. With more than 1.5 million cybercrime cases recorded each year, experts say administrative improvements such as fast track benches and better equipped courts may be necessary until lawmakers consider a dedicated legal framework.
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