Gurugram police files case against WhatsApp directors for failing to provide information despite multiple requests

Gurugram police have lodged an FIR against the directors and nodal officials of WhatsApp after the messaging platform refused to provide information on three accounts involved in an ongoing investigation. The case cites several sections dealing with disobeying an officer’s order, concealing a perpetrator to protect him from legal consequences, and destroying any documents or electronic evidence that might be needed in court.

FIR filed by cyber police inspector

The FIR was lodged following a complaint by an inspector of cyber police station relating to an earlier FIR dated May 27 on charges of cheating and criminal conspiracy. As part of their investigation, the Gurugram police sought information on four phone numbers of the accused. They sent a formal notice via email to WhatsApp on July 17. However, on July 19, WhatsApp raised objections and demanded clarification on the specific nature of the alleged criminal activity associated with the identified numbers.

In response, the police issued a detailed response on July 25, reiterating the need for WhatsApp’s cooperation in disclosing the requested information on the provided mobile phone numbers. Police emphasized the importance of this information to their investigation.

However, WhatsApp continued to raise objections. Police responded comprehensively again on August 23, emphasizing the urgency of the situation and the serious concerns surrounding the investigation. Despite these legitimate requests, WhatsApp officially rejected the police request on August 28, which the police viewed as a blatant disregard for their legal obligations.

The complaint states that WhatsApp’s refusal to comply with lawful orders from authorities constitutes a deliberate violation of legal regulations. By failing to provide the requested information, WhatsApp is alleged to have knowingly assisted the defendants by intentionally suppressing and obstructing key electronic evidence. This behavior is considered a violation of legal provisions intended to maintain and facilitate the administration of justice.

Case filed in the matter

In view of these circumstances, the police have filed a case under the Bharatiya Nyaya Sanhita and the Information Technology Act and named one Krishna Choudhary and others in the FIR.

WhatsApp, which has nearly 3 billion unique users worldwide, has said it only discloses account information in accordance with its terms of service and applicable laws. The company also said it checks whether requests comply with internationally recognized standards, including human rights, due process and the rule of law, as described on its website.