Allahabad High Court Questions Cyber Cell Over Blocking of Woman’s Mobile Number; Husband Asked to Explain Why Damages Should Not Be Imposed

The Allahabad High Court has strongly criticised the Cyber Cell, Police Commissionerate, Lucknow, for its handling of a complaint that led to the prolonged blocking of a woman’s mobile number, observing that state authorities had acted mechanically and caused serious prejudice to the petitioner. The Court also directed the petitioner’s husband to explain why damages should not be awarded against him for allegedly lodging a frivolous complaint that resulted in the blocking of the number.

A Division Bench comprising Justice J.J. Munir and Justice Tarun Saxena passed the order while hearing a writ petition filed by Smt. Shraddha Pathak seeking restoration of her mobile number. The Court noted that the dispute appeared to arise out of matrimonial discord between the petitioner and her husband, Abhishek Pathak, and observed that the complaint leading to the blocking of the number was attributable to him.

Expressing dissatisfaction with the affidavit filed by the In-Charge, Cyber Cell, Police Commissionerate, Lucknow, the Bench described the officer’s stand as “very irresponsible.” The Court observed that the Cyber Cell had relied upon Ministry of Home Affairs directions regarding blocking, debiting and freezing data received through the Cyber Portal without properly examining the circumstances of the case.

The Bench remarked that such directions were not intended to be misused and observed that there was “apparently a misuse” in the petitioner’s case. According to the Court, the petitioner’s phone number remained blocked for such an extended period that it was eventually reassigned by the telecom service provider to another customer.

Observing that “a citizen cannot be wronged in this manner by a callous handling by the State Agencies,” the Court directed the In-Charge, Cyber Cell, Lucknow, to immediately coordinate with Jio Telecom Service Limited and take necessary steps to restore the petitioner’s mobile number. The officer was further directed to file a personal affidavit detailing the steps taken.

The Court also directed respondent Abhishek Pathak to file a counter affidavit showing cause as to why damages should not be imposed upon him for allegedly causing a frivolous complaint to be lodged against his wife’s mobile number.