oppn parties Supreme Court Allows, In Principle, Delivery Of Court Notices And Summons Over IMAs Like WhatsApp And Telegram

News Snippets

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  • India beat Pakistan 3-2 in SAFF Championship. India defeated Pakistan in a closely contested match, having led 3-0 before conceding two late goals. The victory was reported as a significant result for India's second-string side
  • India beat Japan 4-1 to win a record sixth Asian Champions Trophy. India recovered from an early deficit to defeat Japan in the final at Mohali, extending its record as the tournament's most successful men's team
  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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Supreme Court Allows, In Principle, Delivery Of Court Notices And Summons Over IMAs Like WhatsApp And Telegram

By Sunil Garodia
First publised on 2020-07-11 13:52:03

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

The Supreme Court has, in principle, agreed to allow the service of notices and summons via instant messaging apps (IMAs) like WhatsApp and Telegram. A bench of CJI S A Bobde and justices R S Reddy and A S Bopanna heard the suggestions made by AG K K Venugopal and solicitor general Tushar Mehta before making the observation. The bench was of the view that this innovation was needed because physical delivery of notices, summons and inquiries from courts has been made difficult due to the disruption caused by the pandemic.

The bench first said that confirmation of receipt and reading, as denoted by blue ticks in WhatsApp, would be enough to prove that the document had been delivered and read by the recipient. But when SG drew the attention of the court to a function in the app that allowed users to hide the blue ticks, the court was of the view that instant messaging apps delivery could be in addition to notices sent through email. Let alone the blue ticks that confirm that a message has been read, for privacy reasons WhatsApp even allows users to disable the second tick that confirms delivery. Hence, the sender can never know whether his message was delivered if the recipient has disabled the feature.

Although this is a welcome decision by the apex court, technology often throws up newer challenges while solving old ones. Hence, it is advisable that before admitting anything sent through instant messaging apps as proof, a clear cut policy is decided, if need be then in consultation with such app makers, as to what will confirm the delivery and access of such messages in a manner that they can be held up as proof in court. Otherwise, the courts will be flooded with unnecessary cases due to parties contesting sending of messages via this route.

Emails are different as they are delivered in the box of the recipient and constitute valid proof of delivery. If an email is not delivered, it bounces bank to the sender. The very fact that the sent mail did not bounce back confirms that it was delivered to the box of the registered email id. The recipient of an email message cannot take the plea that he did not read it as then he can also take the plea that although he received the physical envelope containing the notice, he did not open and read what was inside.