The Allahabad High Court has strongly criticized the Lucknow Cyber Cell after a woman's mobile number was blocked allegedly based on a complaint linked to a matrimonial dispute with her husband. The court observed that state authorities acted mechanically and allowed a government mechanism to be misused.
Court's Observations
A division bench comprising Justice J.J. Munir and Justice Tarun Saxena was hearing a petition filed by a woman seeking restoration of her mobile number, which had been blocked following action taken on a complaint filed by her husband. Expressing dissatisfaction with the explanation offered by the authorities, the court said, "We are not at all satisfied with the personal affidavit filed by the In-charge, Cyber Cell, Police Commissionerate, Lucknow."
The bench noted that the dispute appeared to arise out of matrimonial discord between the petitioner and her husband and questioned the manner in which the cyber cell handled the complaint. "The stand taken in the personal affidavit of the In-charge, Cyber Cell, Police Commissionerate, Lucknow is very irresponsible," the court added.
Misuse of Home Ministry Directions
According to the bench, the cyber cell had relied on Ministry of Home Affairs directions relating to blocking, debiting, and freezing data received through the National Cyber Crime Reporting Portal without properly examining the circumstances of the case. "These are orders, which are not meant to be misused. There is apparently a misuse in the petitioner's case," the bench observed. "It is the husband, who has caused some kind of a bogus complaint to be lodged, in connection whereof the cyber cell has mechanically invoked the Home Ministry's order to block the petitioner's phone number," it further said.
The court also expressed concern that the mobile number had remained blocked for such a long period that it was ultimately reassigned to somebody else. "The petitioner wants her number restored but the in-charge cyber cell now says that the Telecom Company has assigned it to some other customer," the court noted.
Court's Directions
The high court directed the in-charge of the Lucknow Cyber Cell to immediately coordinate with the telecom service provider, believed to be Jio, and take steps to restore the petitioner's mobile number. The officer was also directed to file a fresh affidavit within a week detailing the action taken.
The court further issued notice to the woman's husband and directed him to explain why damages should not be imposed upon him. The order specifically required him to show cause "as to why for lodging a frivolous complaint against his wife's phone number, damages should not be awarded."
The matter has been listed for further hearing after the authorities and the husband file their responses.
