REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 79 OF 2008 B.N. FIROS ...APPELLANT(S)

VERSUS STATE OF KERALA & ORS. ...RESPONDENT(S)

JUDGMENT

RANJAN GOGOI, J.

1. The appellant–B.N. Firos – proprietor of Comtech IT Solutions, Thiruvananthapuram had filed a Writ Petition challenging a Notification dated 27^th December, 2002 issued under Section 70(1) of the Information Technology Act, 2000 (hereinafter referred to as “I.T. Act”) declaring the computer, computer system and computer network specified in the Schedule to the Notification to be “protected systems” under the I.T. Act. The vires of Section 70 of the I.T. Act itself was also challenged. The Writ Petition was dismissed. The said order of dismissal has been affirmed in writ appeal by a Division Bench of the High Court and the review filed there against has also been dismissed. Aggrieved, this appeal(s)

has been filed.

2. The brief facts that will be required to be noticed are as follows:

In the writ/original petition filed by the appellant before the High Court it is stated that the appellant is the proprietor of Comtech IT Solutions, an Information Technology concern which is a member of Micros