The Bombay High Court on Monday criticized the Maharashtra government for its insufficient staffing in the cyber forensic division, which has resulted in “thousands of criminal trials pending” in courts across the state.
Petition for Transfer of Investigation
The bench of Justices Revati Mohite Dere and Prithviraj Chavan was hearing a petition filed by Eduedge Pvt Ltd and its owners. They sought to have their investigation transferred from Bandra police station to an independent agency.
Case Background
Additional Public Prosecutor VB Konde-Deshmukh, representing the prosecution, stated that the Bandra police had already filed a chargesheet. However, Advocates Janhavi Karnik and Himanshu Kode, representing the petitioners, highlighted that the case involved confidential data and digital signatures of Eduedge’s owners, which were illegally transferred by a terminated employee. This employee was later found to be an owner of a rival company.
Delay in Forensic Report
Despite registering an FIR in September 2023, the petitioners expressed dissatisfaction with the investigation’s progress. Karnik pointed out that the digital forensic department had not yet handed over a report on data theft to the Bandra police. Mobile handsets, hard disks, and a laptop were sent to the Forensic Laboratory in Kalina on October 6, 2023, but no report has been released.
Court Orders and Response
In April 2024, the bench had ordered the Forensic Laboratory to expedite the report and submit it before June 14, 2024. Despite this order, the report remained pending. On Monday, instead of the report, Konde-Deshmukh presented a letter from Gaurav Wayal, Assistant Director at the Directorate of Forensic Science Laboratories. The letter cited a lack of manpower and a backlog of around 8778 cases in the cyber forensic division as reasons for the delay.
Bench’s Directions
The bench sought a response from a “responsible officer” in charge of recruitment by August 8. Konde-Deshmukh informed the court that Sangeeta Ghumatkar, Director Recruitment authority from Mantralaya, would be present to explain the recruitment issues leading to staff shortages. The bench also directed Konde-Deshmukh to determine the current strength of the cyber forensic analysis team, identify any shortages, and specify the number of required recruits. Details are to be submitted by August 8.
