Mumbai: Taking a serious view of inaction on the part of Union government in not appointing appropriate authorities to enforce right of remedy under Information Technology Act, the Mumbai High Court has directed the Centre to expedite the process of setting up enforcement agencies.

Justices Ajit Shah and Ranjana Desai, hearing the public interest litigation (PIL) on August 1, also ordered the Centre to file an affidavit by August 14.

The judges expressed "it is shocking that even after two years of the enactment of the law, the authorities have not been appointed". This amounts to violation of fundamental rights.

The PIL was filed by Arvind Avahad and Nupur Jain, students of Pune-based Asian School of Cyber Laws. The petitioners submitted that adjudicating officer and Cyber Regulation Appellate Tribunal under the IT Act have not been appointed so far by the Union government.

They said that IT Act defines some acts and omissions as "offences and contraventions". As far as offences were concerned, criminal courts were authorised to try complaints in accordance with criminal penal code (CrPC).

However, in respect of contraventions, Section 46 of IT Act provided for setting up a special authority called "adjudicating officer" to adjudicate the contravention and determine the quantum of compensation.

As adjudicating officer has not been appointed since the Act came into force two years ago, the aggrieved persons have been deprived of their rights to have remedy in case injury that was caused to them, they pleaded.

PTI