hc-order-may-21

Upload: bhimashankar-sanga

Post on 03-Jun-2018

216 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/12/2019 HC-order-May-21

    1/2

  • 8/12/2019 HC-order-May-21

    2/2

    with the said Rules. That has been done. In the grievance mechanism respondent No.9 has

    stipulated that a complaint may be made in writing or through e-mail ?signed with electronic

    signatures?. According to the petitioner, the only electronic signature which is i.e. recognized

    under the Information Technology Act, 2000 (hereinafter referred to as ?the said Act?) is a

    digital signature as would be evident from the statement made on behalf of the Union of Indiaon 24.02.2014, inasmuch as, Schedule II to the said Act is blank.

    The learned counsel appearing for respondent No.9 has stated that while it has been

    mentioned that a complaint may be registered either in writing or through e-mail signed with

    electronic signatures, the respondent is only complying with sub-rule (4) of Rule 3 of the said

    Rules which only talks of ?electronic signatures?. Our attention is also drawn to Section

    2(1)(ta) which defines electronic signatures to mean authentication of any electronic record

    by a subscriber by means of the electronic technique specified in the Second Schedule and

    includes digital signatures.

    From this it is clear, that inasmuch as the Second Schedule is blank, the only electronic

    signatures recognized under the Act, as of now, are digital signatures. Therefore, complaints,

    if sent through e-mail, would have to bear digital signatures as of now. This takes care of

    prayers (a) and (b) and there is no need for the respondent No.9 to modify its grievance

    mechanism because this is in accord with the provisions of the said Act and the said Rules.

    With regard to prayer (c), Mr Pushkarna appearing on behalf of the Union of India states

    that there is no failure to comply with the provisions or the directions given by this Court on

    23.08.2013, inasmuch, as letters have been sent to all the intermediaries to comply. The status

    report shall be filed before the next date of hearing.

    With these observations this application stands disposed of.

    W.P.(C) 3672/2012 and CM Nos.7709/2012, 12197/2012 and 6888/2013

    Renotify on 01.08.2014.

    BADAR DURREZ AHMED, J

    SIDDHARTH MRIDUL, J.

    MAY 21, 2014