Rizwan @ Tippu Sattar Pathan v. Commissioner of Police
In the High Court of Bombay
Cri. WP 2080/2014
Before Justice A.S. Oka and Justice A.S. Chandurkar
Decided on July 22, 2014

Relevancy of the case: Legal recognition of electronic records under Section 4 of the Information Technology Act, 2000

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 4)
• The Indian Constitution, 1950 (Article 22(5), 226)
• The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981 (Section 3(2))

Relevant Facts of the Case

• In the present case, the petitioner filed a writ petition under Article 226 to challenge the detention order passed under Section 3(2) of the state act.
• Under Article 22(5) of the Indian Constitution, providing the detenu with representation without any delay is essential. As per Section 4 of the Information Technology Act, 2000, all documents in electronic form should have legal recognition.
• The petitioner had sought to make a representation against the detention order passed against him. However, there was an unreasonable delay in deciding on the petitioner’s representation.

Prominent Arguments of Advocates

• The petitioner’s counsel submitted that unreasonable delay violates Article 22(5). The state authorities can utilise electronic methods for communication as recognised by Section 4 of the Information Technology Act, 2000. Therefore, the detention order must be set aside.

Opinion of the bench

• Section 4 grants legal recognition to electronic records. The state authorities can use electronic modes to deal with the petitioner’s representation.

Final Decision

• The bench quashed the order of detention. Further, the court directed the state authorities to take necessary steps for using the electronic mode of communication.