WhatsApp directors booked for not providing information to Gurugram police
The Gurugram police have filed a First Information Report (FIR) against the directors and nodal officers of WhatsApp. This happened after the messaging app ignored an order asking it to share info about three accounts connected to an ongoing investigation. The FIR alleges that WhatsApp has been disrespecting a public servant's order, hiding an offender from justice, and even tampering with evidence.
WhatsApp's non-compliance with information request
The FIR was lodged after an inspector filed a complaint at the cyber police station, referring to a previous FIR from May 27 about cheating and criminal conspiracy. In their probe into this case, the Gurugram police sought information from WhatsApp about four numbers used by the accused. They sent a notice to WhatsApp on July 17 through email, but the company raised objections two days later "in a deliberate act of non-compliance."
WhatsApp's refusal to cooperate with investigation
The police replied to WhatsApp's concerns on July 25, stressing how important their help was for the investigation. But even after explaining how urgent and serious the case was, WhatsApp kept raising more issues. "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 says.
Police accuse WhatsApp of aiding accused individuals
The police have accused WhatsApp of "willful and contumacious disobedience of legal directives" by not following lawfully issued orders. They also claimed that the company's refusal to share requested info, even though they were legally bound to do so, is like knowingly helping the accused, 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 added.
Case filed under Bharatiya Nyah Sanhita and IT Act
The cops have filed a case against WhatsApp under the Bharatiya Nyah Sanhita and the Information Technology Act. WhatsApp, which has almost 3 billion users worldwide, claims it only shares account records in line with its terms of service and applicable law. "We will assess whether requests are consistent with internationally recognized standards. These include human rights, due process, and the rule of law," it mentions on its website.
