Financial cheating case: Police file FIR against WhatsApp officials for not cooperating in investigation

GURGAON: Police said on Saturday they had filed an FIR against senior officials of WhatsApp for not cooperating in an ongoing investigation in a financial cheating case in which a city-based company was targeted by individuals who were using the instant messaging app.

The FIR was filed at Cyber Police Station East under sections 223A (disobedience of orders promulgated by public servants), 241 (destruction of document or record) and 249C (harbouring offender) of BNS and Section 69 of the Information Technology Act. Police said legal proceedings had been initiated against directors and nodal officers of WhatsApp for their failure to adhere to directives and furnish records that were needed for the investigation.

The case was filed in May this year by The Commodity Hub, based in Sector 32, alleging Rs 4 crore had been transferred from the company account to four bank accounts of different companies without the knowledge or consent of the company management.

Cyber police subsequently registered a case under sections 420 (cheating), 120B (criminal conspiracy) and 204 (destruction/concealment of document) of the IPC and Section 66 of the IT Act.

A senior police officer said 10 accused have been arrested so far in the case but the probe was affected because WhatsApp did not provide details of the four phone numbers linked to the fraud, IP address and time stamps despite repeated reminders.

Speaking to TOI, ACP cybercrime Priyanshu Dewan said, "The case was also being investigated under the economic offences wing. We need details of certain contact numbers from WhatsApp. We sent them several notices and did several follow-ups but to no avail. They kept denying us, which is unlawful."

As is protocol in such cases, police said they had obtained the necessary permission from the state home department and sent a notice to WhatsApp via email on July 17. Subsequently, on July 25, police sent another detailed request for information pertaining to specific mobile numbers. A senior police officer said "several legitimate requests" were made till Aug 23.

Inspector Ramesh, the investigating officer, said police needed the details because the accused had been using WhatsApp for their communication. "We wrote to them, but the company raised objections and refused to comply with our lawful requests," he said.

The numbers police are probing are 7042202197 (publicly registered as Gunjan Jain), 9599770566 (registered as Jain Ghaziabad), 8588948668 (registered as Puranjay Sharma) and 9311692385 (registered as Alex Desuza), said a source.

"By not rendering the solicited information, WhatsApp is accused of knowingly abetting the accused individuals and engaging in deliberate suppression and obstruction of critical electronic evidence. Consequently, the Cyber Police Station lodged an FIR against WhatsApp," said Ramesh.

"The case has raised concerns regarding the cooperation of technology companies in investigations and their adherence to statutory obligations. This case can set a precedent for accountability of digital platforms in assisting police in the pursuit of justice," said an officer.

WhatsApp did not respond to requests by TOI for a comment.