Gurugram police registers case against WhatsApp directors for not providing info to aid in investigation
New Delhi/IBNS: Gurugram police lodged an FIR against WhatsApp's directors and nodal officers following the messaging app's refusal to provide information about three accounts linked to an investigation.
The case is related to sections for disobeying an order issued by a public servant, concealing an offender to screen him from legal punishment, and destruction of any document or electronic record that may have to be produced as evidence.
The FIR was filed on a complaint by an Inspector in the cyber police station.
The complaint cited a May 27 FIR under cheating and criminal conspiracy charges. As part of its investigation, Gurugram police asked WhatsApp for information on four numbers used by the accused. A notice was sent via email to WhatsApp on July 17.
"On 19.07.2024, WhatsApp, in a deliberate act of non-compliance, raised objections, seeking clarification regarding the specific nature of the criminal activities allegedly perpetrated using these identified numbers."
On July 25, the police sent a detailed response, reiterating the demand for disclosure of the requisite information for the specified mobile numbers, "thus underscoring the necessity for the cooperation of WhatsApp in this investigation".
"WhatsApp presented further objections. A comprehensive response, emphasizing the exigency implicated in the investigation, was furnished on 23.08.2024. It was explicitly stated that the matter warranted immediate action due to the grave concerns surrounding investigation. However, despite due diligence and lawful requests, WhatsApp, on 28.08.2024, rejected the legitimate requisition. This refusal constitutes an overt act of disregard for statutory obligations," the police complaint stated.
"The refusal of WhatsApp to comply with the lawfully promulgated orders by public authorities and their denial in furnishing the requested information, despite being legally mandated to do so under the prevailing laws of the land, constitutes a willful and contumacious disobedience of legal directives," it said.
"By not rendering the information as solicited, WhatsApp appears to have knowingly abetted the accused individuals, thereby engaging in deliberate suppression and obstruction of critical electronic evidence. This conduct amounts to a violation of statutory provisions designed to preserve and facilitate the administration of justice," the complaint said.
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