New Delhi: An FIR has been lodged against WhatsApp directors and nodal officers by the Gurugram police for allegedly failing to provide information about three accounts in connection with a probe. The WhatsApp faces multiple charges and a legal case.
The charges relate to disobeying orders from a public servant, concealing an offender to protect him from legal punishment and destroying documents or electronic records that could have served as an evidence.
The police statement said that even though it is legally bound to provide the desired information under the existing laws of the country, WhatsApp management has violated the legal instructions by not providing the information sought.
Notice sent by police to WhatsApp
The FIR was registered following a complaint by an inspector in the cyber police station. The FIR cited a May 27 FIR under cheating and criminal conspiracy charges. As part of its probe, Gurugram police requested WhatsApp for information on four numbers used by the accused. On July 17, a notice was sent to WhatsApp through email. “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,” the complaint said.
On July 25, a detailed response was sent by the police. It raised the demand for disclosure of the required info for the specified mobile numbers again, while underscoring the cooperation of WhatsApp in the probe.
The police complaint added that even though due diligence was followed and lawful requests were made, on 28.08.2024, WhatsApp turned down the legitimate requisition. “This refusal constitutes an overt act of disregard for statutory obligations.”
The complaint further said that the refusal of WhatsApp to follow 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 pointed out that 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.
Police have lodged a case against WhatsApp’s directors and nodal officers under sections 223 (A), 241, 249 (C) BNS and Information Technology Act at the Cyber Crime East police station, Gurugram.
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