FIR filed against WhatsApp officials for not cooperating in a probe

As part of an ongoing investigation, Gurugram Police have filed an FIR against some senior executives of WhatsApp for failing to provide information regarding three accounts. The case, according to reports, invokes various sections relating to disobeying an order issued by a public servant, hiding an offender to screen him from legal punishment and destruction of any document that may have to be produced as evidence.

The FIR, citing cheating and criminal conspiracy charges, was filed on May 27 on a complaint by an Inspector in the cyber police station. A case under Bharatiya Nyay Sanhita and the Information Technology Act has been registered by the police, which asked the Meta-owned messaging platform for information on four numbers used by the accused.

According to reports, a notice was sent 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."

Thereafter, the police, on July 25, sent a detailed response, reiterating the demand for disclosure of the requisite information for the specified mobile numbers, "thus emphasizing the necessity for the cooperation of WhatsApp in this investigation".

As per the police complaint, "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, the messaging app, on 28.08.2024, rejected the legitimate requisition. This refusal constitutes an overt act of disregard for statutory obligations."

The complaint further says, “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.”

"WhatsApp appears to have knowingly abetted the accused individuals, by not rendering the information as solicited, 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," it adds.

The popular messaging platform says it has nearly 3 billion unique users globally, and it reveals account records solely in accordance with its terms of service and applicable law.