Bombay High Court to Maharashtra: Where Are Your Cyber Crime Fighters?

Mumbai: The Bombay High Court has criticized the Maharashtra government for its inadequate staffing in the cyber forensic division, which has resulted in “thousands of criminal trials pending” across the state’s courts. The court’s remarks came during a hearing on Monday, highlighting the state’s lackadaisical approach towards addressing the issue.

The bench, comprising Justices Revati Mohite Dere and Prithviraj Chavan, was hearing a petition filed by Eduedge Pvt Ltd and its owners. The petitioners sought the transfer of their case from the Bandra police station to another agency due to the slow pace of investigation. They emphasized that the delays were exacerbated by a severe manpower shortage in the cyber forensic division, leading to a backlog of forensic analysis reports.

The Director of Forensic Science Laboratories, representing the state, admitted that the delay was due to a significant lack of manpower. The court has directed the Maharashtra government to file a detailed response by August 8, explaining the steps being taken to address the staffing issues.

Advocates Janhavi Karnik and Himanshu Kode, appearing for the petitioners, pointed out that the issue involved confidential data of the company and digital signatures of its owners, which had been illegally transferred by an ex-employee. Despite the urgency, the digital forensic department had not handed over a report even after several months.

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The court noted that although mobile handsets, hard disks, and a laptop had been sent to the Forensic Laboratory in Kalina for analysis on October 6, 2023, the report had not yet been released. In an April 2024 order, the bench had directed the Forensic Laboratory to expedite the report and hand it over to the prosecution preferably before June 14, 2024. However, this order was not complied with.

On Monday, instead of submitting the report, the Assistant Director at the Directorate of Forensic Science Laboratories, Gaurav Wayal, presented a letter stating that the cyber forensic division had around 8778 cases pending as of May 2024, resulting in delays due to a lack of manpower.

The court has asked for a response from a responsible officer in charge of recruitment by August 8. Sangeeta Ghumatkar, the Director of Recruitment authority from Mantralaya, is expected to explain why the recruitment has not been completed, leading to the staff shortage. The court also directed the authorities to provide details on the current strength of the cyber forensic analysis team and the number of personnel required.

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