Gujarat High Court Permits 'Idea Cellular' To Submit Soft Copies Of 'Customers Activation Forms' After Originals Destroyed In Fire

"It is clarified that since the petitioners are not having original physical copy of such forms, if they are called upon to compare the scanned copy with the physical forms, the same would be an utterly impossible task and cannot be performed and hence, the respondents shall accept the scanned copy of such CAFs having digitally signed by the petitioners."

The Petitioners had informed the Single Judge Bench that as of January 2011 there were 71.9 lakh subscribers and the relevant CAFs stored were destroyed in the fire. However, the Petitioner had the scanned copies of the forms.

The Respondent per contra submitted that till June 2022, the Petitioners had supplied the scanned copies of such forms and only 93,000 remained as on the day of the hearing. Further, a new policy of the Central Government had been introduced where only digitally signed soft copies of such CAFs were being submitted.

Justice Supehia noted that the Petitioners still possessed the digital copies of the Forms and that the Petitioners had been intermittently supplying scanned copies. The Petitioners assured the Bench that they would continue to supply the copies in the monthly audits as per the notification. The Bench specifically noted that the Respondents had not made the case that the Petitioners had deliberately destroyed the physical forms.

Considering that it was impossible to recover the physical copies of the form, the High Court directed the Respondent to accept the scanned copies with the digital signatures. This direction was to apply to all forms destroyed in the fire. Accordingly, the penalty in the impugned communications was to be adjusted sympathetically.

Accordingly, the High Court disposed of the writ petition.

Case No.: C/SCA/17341/2012

Case Title: IDEA CELLULAR LIMITED & 1 other(s) v/s UNION OF INDIA THRO DIRECTOR & 1 other(s)

Citation: 2022 LiveLaw (Guj) 324