NEW DELHI: At a time when India’s top court is examining the constitutional validity of social networking platform WhatsApp’s privacy policy, high courts are allowing parties to serve notices and summons on it.
Bombay High Court and Delhi High Court have taken the lead in adopting the new method of serving summons to litigants.
This is the first time that summons are being sent via WhatsApp. This step will put an end to the vicious cycle of unnecessary delay in serving of summons. As of now, the summoning process in electronic form is only through email and fax.
Early this month, Delhi High Court allowed the plaintiff to serve summons on a defendants through WhatsApp, SMS and email. “Plaintiffs are permitted to serve the defendant by text message, WhatsApp and email and to file affidavit of the service,” the court said. The affidavit will state the process of sending the message on WhatsApp.
The order was passed after several attempts of serving notices could not be completed at the available address of one of the defendants.
Last month, Justice Gautam Patel of Bombay High Court allowed a party to serve summons via WhatsApp to a defendant in a copyright infringement case, who was being evasive. His number was first verified via Truecaller.
“The step will save lot of judicial time as in most of the cases, proceedings are halted because defendants refuse to take summons, delaying the justice delivery system. Serving summons or notices is the first step in every case. If that isn’t fulfilled, a case can’t proceed,” said advocate Rajesh Mishra of Delhi High Court.