Some major defects in the Information and Communication Technology (ICT) Act. 2006 (PART 3) Provisions related to Cyber Appellate Tribunal

(PART 3) Provisions related to Cyber Appellate Tribunal

Sec.82: Establishment of Cyber Appeal Tribunal. –
(1) The government shall by notification in the official gazette, establish one or more appellate tribunal to be known as Cyber Appellate Tribunal.
(2) The Cyber Appeal Tribunal will be comprised of a chairman and two members appointed by the government.
(3) The chairman will be such person who was a justice of the Supreme Court or is continuing his post or capable to be appointed judicial executive as a district judge or he may be retired and the other will be a person having the knowledge and experience in information technology that is prescribed.
(4) The chairman and other members will be in their post for minimum 3 years and maximum 5 years and the conditions of their service will be decided by the government.

Reason for amendment of this provision:
Here in sub-section (4) of the section it is said that the chairman and other members will be in their post for minimum 3 and maximum 5 years. Including maximum is ok but for including minimum the suspension of any of them for any breach will violate it. So it was to be included that “unless they commit any breach.”

Sec.83: Procedure and power of Cyber Appellate Tribunal. –
(1) The Cyber Appellate Tribunal shall have the power to here and settle the appeal made against the judgement of Cyber Tribunal and Session Court.
(2) In case of hearing and setting any appeal, the Cyber Appeal Tribunal will follow the rules made there under and if the procedure is not fixed by making rules, those rules with proper adoption will be followed which the High Court Division will follow in case of criminal justice by the appeal tribunal.
(3) The Appeal Tribunal will have the authority of supporting, cancelling changing or editing the judgement of Cyber Tribunal.
(4) The decision of the Appeal Tribunal will be final.

Comment:
There is no need for amendment of this section.

Sec.84: Appealing procedure in case of not establishing Cyber Appeal Tribunal. –
Under this part of the Act if the Cyber Appeal Tribunal is not established, whatever may be in the Code of Criminal Procedure appeal may be made to High Court Division of the Supreme Court against judgement of Session Judges or Cyber Tribunal.

Comment:
If the appeal is made to the High Court Division then which law it’ll follow as there are some ambiguities between cyber law and CrPC. It was also to be clarified.