Whatsapp blue ticks accepted as a proof of receipt in a Delhi court
According to experts at Nirmal
Singh 3C Company, in a rather unusual move, Rohini Civil Court in Delhi
noted that the blue double-tick of a Whatsapp message can be accepted as a
valid proof that a legal notice has been viewed by the recipients. This action
was taken as a response to a case that was filed by a resident of Delhi’s Model
Town who had requested the court to immediately restrain his son, daughter-in-law
and her parents and friend for trespassing onto the suit property.
The court had then advised the plaintiff to serve a legal
notice to all the individuals he had complained against. So he sent a message
to all on whatsapp which served as a notice, and of course this was delivered
and read. Then, he colour-printed the chat and took it to court. When the
printout was received by Senior Civil judge Sidharth Mathur, the notice was
accepted as a proof that the defendants were aware of the scheduled hearing.
“I have gone through the record. The conveyance
deed… of the suit property is in the name of the plaintiff, which makes him the
exclusive owner… The defendants are restrained from trespassing into the suit
property without due process of law till the next date of hearing. Though
defendants number one to four have been served via WhatsApp, but still I deem
it appropriate that they be served once again. Accordingly, issue fresh summons
to defendants number one to four on filing PF/RC returnable for 24.05.2017,” stated the court order.
This move by the
Delhi court is in accordance with many other countries which are experimenting
the use of advancements in technology in judicial matters and proceedings. In
the opinion of Nirmal Singh 3C Company,
this move might pace the workflow of matters related to judiciary and faster
verdicts of pending cases throughout the country, where the process is
incredibly and infamously slow anyway. Before this, Justice Rajiv Sahai Endlaw
had allowed the plaintiff to serve notices to the defendants with the use of
technologies such as Whatsapp, email and text message.
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