High Court Directs Immediate Restoration of Woman’s Mobile Number
The Allahabad High Court has recently intervened in a case involving the unauthorized blocking of a woman’s mobile number by the cyber cell of the Lucknow police. The number was reportedly blocked following what the court deemed a baseless complaint made by her husband, amid ongoing matrimonial discord between the couple.
A Division Bench comprising Justice JJ Munir and Justice Tarun Saxena addressed the issue, expressing strong disapproval of the police’s actions. They highlighted that a citizen’s rights should not be disregarded due to negligent conduct by state agencies. The court emphasized, “A citizen cannot be wronged in this manner by a callous handling by the State Agencies.”
Writ Petition Leads to Court’s Intervention
The legal proceedings began when the wife filed a writ petition seeking the reinstatement of her blocked number. Previously, in March, the court had directed the cyber cell at the Office of the Commissioner of Police, Lucknow, to justify their actions. However, by May 15, the court expressed dissatisfaction with the explanations provided by the police.
The bench pointed out that the existing matrimonial issues between the petitioner and her husband were the root cause of the complaint. They critiqued the cyber cell’s response, which leaned on an order from the Ministry of Home Affairs pertaining to data management through the Cyber Portal. The court argued, “There is apparently a matrimonial dispute between the petitioner and respondent no.5, and whatever kind of a complaint was there, is attributable to her husband. The stand taken in the personal affidavit of the In-charge, Cyber Cell, Police Commissionerate, Lucknow is very irresponsible.”
Court Orders and Future Implications
The court has issued a notice to the state government, insisting that the police ensure the immediate restoration of the woman’s mobile number. They instructed the In-charge of the Cyber Cell, Commissioner, Lucknow, to liaise with the concerned telecom provider, JIO Telecom Service Limited, to facilitate this restoration. The court mandated that necessary actions be completed within a week, accompanied by an affidavit from the cyber cell officer detailing the steps taken.
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Additionally, the court has required the husband to provide justification for his actions and explain why he should not be held liable to compensate his wife for the inconvenience caused by his frivolous complaint.
Advocate Prashant Pandey represented the petitioner-wife in this legal matter.
