HC order Changed after dictation and uploading

A Very dangerous instance of “Unauthorized Access and Modification” of a Court order has been reported from Madras and it appears that the Supreme Court has been seized of the issue.

The case listing was as follows

As per the report the order was dictated in the open Court and later uploaded in the Court website. However subsequently when certified copy was provided, the order appeared different.

The difference was substantial since it is said that the first order required one party to deposit Rs 115 crores in a Bank and this was omitted in the subsequent order. Hence there is a prima facie financial benefit of Rs115 crores in the short term that occurred because of the change.

At this time, it is not clear if the Judges changed their order and did not inform the advocates or whether there was hacking of the earlier order.

Prima-facie there appears to be a Section 66 offence of unauthorized modification of the order on the server of the Madras High Court. One of the advocates has downloaded the order probably not Section 65B certified. But for a recognition of a criminal offence it is not necessary to stand on the formality of evidence being certified and the Police can investigate the server files and determine who made the modification.

If this was “Authorized”, then the judges who authorized the uploading of a revised order were perhaps in the wrong and needs to explain their action.

Naavi

Also Refer:

Verdictum.in

Copy of SC order

 

About Vijayashankar Na

Naavi is a veteran Cyber Law specialist in India and is presently working from Bangalore as an Information Assurance Consultant. Pioneered concepts such as ITA 2008 compliance, Naavi is also the founder of Cyber Law College, a virtual Cyber Law Education institution. He now has been focusing on the projects such as Secure Digital India and Cyber Insurance
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