Court emphasizes the need for a dedicated Cyber Command Centre and consistent leadership to effectively tackle rising cyber crime.

ORDER :

M.NAGAPRASANNA, J.

“(i) Writ Petition is allowed.

(ii) Crime in Crime No.1025 of 2024 shall now be reinvestigated by a Special Investigation Team comprising of:

1. Sri Pranab Mohanty – IPS, Director General of Police, who shall head the Team.

2. Sri Bhushan Gulab Rao Borase – IPS

3. Smt. Nisha James – IPS

(iii) Mandamus issues to the 1st respondent/State Government to forthwith hand over the investigation to the Special Investigation Team aforesaid.

(iv) The Investigating Officer shall transmit the entire papers of investigation, if any, conducted to the said Special Investigation Team.

(v) The Special Investigation Team so constituted shall submit its report within 3 months, from the date it is constituted, and a copy of the same be placed before this Court thereafter.

(vi) Copy of this order shall be furnished to, the Chief Secretary, Government of Karnataka; the Principal Secretary, Department of Home Affairs; the Director General and Inspector General of Police, Government of Karnataka, for the implementation of paragraph No.13 of the order.

(vii) The steps taken towards the implementation of the clause (vi) supra, shall from time to time be placed before the Court.

(viii) List this matter on 02.07.2025 at 2.30 p.m., for further hearing.”

This order gets amended on 02-05-2025 to the following extent:

“1. Sri Pranab Mohanty – IPS, Director General of Police, who shall head the Team.

2. Sri Bhushan Gulab Rao Borase – IPS

3. Sri Sharath M.D. – Superintendent of Police – CID.”

A direction was issued to the Government to take steps towards implementation of creation of Cyber Command Centre (‘CCC’ for short) which was thought of at paragraph-13 of the order. Paragraph 13 of the order reads as follows:

“13. The State thus must recognize the existential threat and evolve, failing which, justice to those victims will become a mirage. It is again in public domain that the State of Karnataka recognizing the huge problem of cyber crime, has in fact come up with a novel idea of a cyber command centre, to be headed by an officer of the rank of the Director General of Police. If a cyber command centre is established to combat cyber crimes and strengthen cyber security, it would usher a new beginning of tackling the new age crime with new age investigating centres. This is the paradigm shift that is imperative. Such cyber command centres should be made meaningfully functional by appropriate officers manning such cyber command centres. It is only then the State will leap forward to tackle the emergence and growth of cyber crime, failing which, the citizen who has been a victim of cyber crime or cyber frauds will never get justice. Therefore, the State shall endeavour to give life to the cyber command centres or constitute a separate wing to tackle cyber crime like the CCB, which could be a cyber crime investigation bureau. The aforesaid direction has become imperative for the reasons indicated hereinabove. Such Investigating Agency will be a pioneer in the new age crime by a new age investigative branch.”

It was directed that the State must recognize the existential threat and evolve, lest justice to those victims would become a mirage, as the nation and States are grappling with the huge problem of cyber crime. The aforesaid order was tossed before the Apex Court and the Apex Court decline to interfere with the order and the observations made in the order. Therefore, the petition is kept pending for issuance of continuing mandamus.

2. The State has now come up with a Government Order, in furtherance of the order passed by this Cour