Karnataka High Court orders SIT probe after firm supplying drones to defence forces claims data theft

The Karnataka High Court has constituted a Special Investigation Team (SIT) to investigate allegations of data theft and cyber-espionage made by a company manufacturing drones for the Indian security forces [Newspace Research and Technologies Private Limited v. The State of Karnataka & Ors]..Justice M Nagaprasanna passed the order after noting that the offences alleged concerns national defence and military technology.“Investigation of crimes of such magnitude cannot be done by the Investigating Officer who is now appointed, due to lack of technical expertise. I have no manner of doubt that an ordinary investigation would amount to miscarriage of justice. Therefore, this Court, not only finds it appropriate but imperative to constitute a Special Investigation Team, as scales of justice must not tilt due to incompetence of Investigating Officers. If the crimes are sophisticated, the Investigating Officers too shall be,” the order stated.A three-member SIT has been constituted, which will be headed by Director General of Karnataka Police Pranab Mohanty and will include Indian Police Service (IPS) officers Bhushan Gulab Rao Borase and Nisha James. The SIT will submit its report in three months. .The directions have been issued on a plea filed by Newspace Research and Technologies, a company involved in the manufacture of drones for the Indian Army, Indian Navy, Indian Air Force, Defence Research and Development Organisation (DRDO) and other agencies. It was argued that some former employees of the company stole sensitive data like unmanned aerial vehicle (UAV) sourced codes, designs and defence technologies and used it to benefit another company land government contracts. The Court was told that even though a complaint was registered with the police, the probe has remained ineffective despite judicial orders. In one instance, the accused was first arrested and then served with a notice to appear before the police, turning the custodial interrogation into an appearance before the investigating officer, the Bench was informed. .After considering the case, the Court raised concerns over cybercrimes, the slow pace of investigation into these cases and the police officials’ incompetence to probe such intricate matters. “It is in public domain that the rate of filing of charge sheet, in such new age crimes is only at 9%, not because the accused are not guilty, it is because the Investigating Officers are not equipped to bring those accused to books. This is due to lack of expertise in dealing with cyber crimes."Therefore, it ordered the Karnataka government to ensure that the cyber command centres, established to tackle cybercrimes, are functional and have the necessary staff. “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 [cyber command centres] of the order,” the Court said. . Advocate Angad Kamath appeared for the petitioner. State of Karnataka was represented through Additional Government Advocate Rahul Cariappa. .[Read Order]