On Wednesday, the Delhi High Court declined to order the creation of exclusive special courts, holding that no statutory basis empowered the Bench to mandate such a restructuring of the judicial system. The development is notable as it highlights the Court’s insistence on maintaining constitutional boundaries between judicial review and legislative policy-making, even amid a rising volume of cyber offences that continue to test existing adjudicatory capacity.
The case arose from a plea filed by Vijay Bhaskar Verma, who urged the Court to direct the establishment of independent special courts dedicated solely to cybercrime offences, along with the infrastructure and technical systems such courts would require. The Bench questioned whether any law authorised courts to create specialised tribunals, noting that counsel failed to cite a single statutory provision that imposed such an obligation. This gap in legal backing formed the core tension in the proceedings, as the petitioner argued necessity while the Court sought a clear legal foundation.
The Division Bench of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela pressed the petitioner’s counsel on the absence of legislative support, asking pointedly, “How can we issue any mandamus?” Observing that no statute mandated exclusive cybercrime courts, the judges held that they were “unable to accede” to the prayers. Instead, the Court permitted the petitioner to approach the appropriate authorities with a comprehensive representation and directed that such representation, once filed, should be examined expeditiously.
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