Back
IN THE HIGH COURT OF GAUHATI
ACHINTYA MALLA BUJOR BARUA, AJIT BORTHAKUR, JJ.
Mamata Bhowmik - Appellant
Versus
The Union of India and Ors - Respondent
WP(C) 8610 of 2018
Decided On : 19-02-2019
.Indian Evidence Act – Section 65-B, 63 – Information Technology Act, 2000 – Section 2 (p), 3, 35(4), 5 – Information Technology (Electronic Service Delivery) Rules, 2017 – Proceedings – Contrary – Adjudication – On being referred by Superintendent of Police, Case No. F.T. was registered in Foreigners Tribunal 7th, Tezpur – In proceeding amongst others, petitioner exhibited voter list of 1966 of village Lokhopara, Sub-division-Tezpur containing name of Bijendra Sarkar Son of Jamini aged 48 years in order to establish that Bijendra Sarkar is the father of the petitioner – Apart from the endorsement, the certified copy also contains a further note that the certificate is digitally signed and therefore, needs no physical signature and authenticity of certificate can be verified and that certificate is legally valid under Information Technology Act, 2000 – Held, In view of aforesaid conclusion, view taken by Tribunal that Exhibit-4 voters list of 1966 is inadmissible in evidence is found to be contrary to law indicated above as well as to facts involved as regards said exhibit – Accordingly, the order dated 02.08.2018 in Reference Case No. F.T.(IMDT).92/2016 passed by Foreigners Tribunal 7th, Tezpur, is set aside and matter is remanded back to Tribunal for a fresh adjudication by taking into account evidentiary value of Exhibit-4 voters list of 1966 as well as all such other exhibits of similar nature and character that may have been produced by petitioner – Writ Petition stands Allowed
Based on the provided legal document, the key points regarding the admissibility of electronic records, specifically digital signatures on official documents like voter lists, are as follows:
The document in question, a voter list from 1966, was digitally signed by an authorized individual, which under the relevant law, qualifies it as a certified electronic record that can be considered a valid document in legal proceedings (!) (!) .
The law states that electronic records produced by a computer, if they satisfy certain conditions, are deemed admissible as evidence without requiring the original document (!) (!) .
A certificate under the law, which identifies the electronic record, describes its production, and is signed by a responsible official, is necessary for its admissibility (!) (!) (!) .
The signature of a responsible official can be a digital signature, which is defined and recognized under the relevant law as an authenticated electronic signature (!) (!) .
The case clarifies that the signature of a responsible official does not necessarily need to be physically signed; a valid digital signature, especially when issued by an authorized service provider, suffices (!) (!) .
The court emphasizes that the digital signature on the voter list was issued by an entity recognized under the applicable electronic service delivery rules, thus satisfying the legal requirement for a responsible official’s signature (!) (!) .
Consequently, the tribunal's previous rejection of the voter list’s evidentiary value was contrary to the law, and the record should be admitted as valid evidence (!) (!) .
The case underscores that electronic records with proper digital signatures, issued in accordance with the law, are admissible and carry evidentiary weight comparable to traditional documents, leading to the remand for a fresh adjudication (!) (!) .
In summary, electronic records, including voter lists with digital signatures from authorized service providers, are legally admissible as evidence when they meet the statutory criteria, and the absence of physical signatures does not invalidate such documents if they are properly signed and certified under applicable laws.
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. A.I. Ali, learned counsel for the Election Commission of India, Mr. A. Kalita, learned counsel for the State of Assam appearing for the Foreigners' Tribunal and Border Areas, Ms. A. Verma, learned standing counsel for the authorities under the NRC as well as Ms. G. Sarma, learned counsel for the authorities under the Union of India.
2. On being referred by the Superintendent of Police, (Border) Sonitpur, Case No. F.T. (IMDT) 92/2016 was registered in the Foreigners Tribunal 7th, Tezpur, Balipara. In the proceeding amongst others, the petitioner exhibited the voter list of 1966 of village Lokhopara, Mouza-Missamari, Sub-division-Tezpur (Sadar) containing the name of Bijendra Sarkar Son of Jamini aged 48 years in order to establish that Bijendra Sarkar is the father of the petitioner. The Exhibit-4 voter list of 1966 is a certified copy of the electoral roll of 1966 and it contains the signature of the approving authority with the following:-
"Signature valid
Digitally signed by Prabir Kumar Dutta
Date: 2016.09.27 16:26:31 IST
Reason: e-District Portal
Location: Assam"
3. Apart from the endorsement, the certified copy also contains a further note that the certificate is digitally signed and therefore, needs no physical signature and the authenticity of the certificate can be verified from http://www/assam.gov.in/certificate-verification and that the certificate is legally valid under the Information Technology Act, 2000.
4. The aforesaid reference was given a final consideration by the Tribunal by its order dated 02.08.2018 declaring the petitioner to be a foreigner who entered the State of Assam on or after 25.03.1971. In arriving at such conclusion, while discussing the evidentiary value of the Exhibit-4 voter list of 1966, the Tribunal arrived at the following conclusion:-
".... No digital signature of the issuing authority is seen on the voter lists nor had it signed physically by the issuing authority under (65-B) of the Indian Evidence Act."
5. By taking such view, Exhibit-4 voter list was rejected by the Tribunal leading to an opinion that the petitioner is a foreigner who came to Assam on or after 25.03.1971.
6. Being aggrieved, the present writ petition is preferred and one of the grounds taken in the writ petition is that the Tribunal in its order dated 02.08.2018 had incorrectly rejected the Exhibit-4 voter list of 1966.
7. The law as regards the admissibility of a document which is a printed form on paper of any information contained in electronic record is provided under Section 65-B of the Evidence Act, 1872. Section 65-B(1) of the Evidence Act, 1872 is as under:-
65B. Admissibility of electronic record----(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall be deemed to be also a document, if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or of any fact stated therein of which direct evidence would be admissible."
8. Section 65-B(1) clearly provides that if any information contained in an electronic record is printed on a paper, stored, recorded or copied in optical or magnetic media produced by a computer shall be deemed to be a document if the other condition mentioned in Section 65(B) are satisfied and the same shall be admissible in any proceeding without further proof or production of the original, as evidence of any of the contents of the original or of any evidence stated therein.
9. Section 65(B)(4) provides as under:-
In any proceedings where it is desired to give a statement in evidence by virtue
SupremeToday
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
