Gurugram Police files case against WhatsApp directors and nodal officers: Here’s why

WhatsApp executives face legal action in Gurugram as local police have filed a case against the Meta-owned app’s directors and nodal officers. According to a news agency - IANS report, the charges stem from the instant messaging platform’s failure to provide requested information in accordance with established legal procedures. The legal case against WhatsApp encompasses multiple charges.These include disobeying orders from a public servant, concealing an offender to protect them from legal consequences and destroying documents or electronic records that could serve as evidence.
"Despite being 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," the police said in a statement.

The FIR, filed by an Inspector in the cyber police station, cites 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. The Gurugram police sent a notice to WhatsApp on July 17 via 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 reads.
“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 states.
"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 adds. "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 further reads.

Police say that with this unprofessional behaviour, the accused in this particular case are being helped by the WhatsApp company. Accordinggly, it has filed a case against the directors and nodal officers of WhatsApp under sections 223 (A), 241, 249 (C) BNS and Information Technology Act on Saturday at the Cyber Crime East police station, Gurugram.