Wednesbury which relate to decision, are not applicable in this matter.
Second, there is no evidence showing that the definitions of those terms
was a mandatory requirement under the parent Act. Third, the parent
Act is the EPOCA and not the Cybercrime Act, 2015; therefore, the
provisions of section 45 are not applicable. Fourth, the case of Vice
Chancellor, M.D. University, Rohtak cited by learned counsel for the
applicants is inapplicable to this case because we are not dealing with
the date when the Regulations came into operation. Fifth, since the
enabling Act did not set the time, I see nothing wrong for the subsidiary
legislation to do so. Sixth, we are not bound to follow the UK in our
legislation and there is no evidence for the rationale.
Submitting on ground No. 3, learned counsel dwelt heavily on the
principle of proportionality but as I hinted hereinbefore, this ground was
not pleaded and I, therefore, refrain from discussing it. Besides, the
issue of illegality and unreasonableness have been tackled in grounds 1
and 2 above.
Coming to grounds Nos. 4 and 5, it was submitted on part of the
applicants that regulation 4 (b) is subjective and thus prone to arbitrary
use as it fails to mention which action to be taken. Here, it is not clear
whether the complaint by the applicants is the arbitrariness or
vagueness of the said provision. As correctly submitted by learned state
attorney, there is no ambiguity or arbitrary use of the above provision.
When this provision is read in conjunction with other provisions of the
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