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Can the sms contents be retrieved through service provider?

Page no : 3

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 September 2011

Dear Adv. Chandu,

 

I would quote an example of the above said technology used in real case.

 

Pramod Mahajan's Murder Case.

 

The same technology was shown and it was demolished by expert by showing how such things can be found out, whether they have been tampered or not.

 

Regards,

 

Shonee Kapoor

 

Adv. Chandrasekhar (Advocate)     23 September 2011

Tks Mr. Kapoor,

Soon I find time, I will go through that judgment.

kuldeep kumar (lawyers)     07 October 2011

mr shonee has given complete details about sms and its authenticity

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     11 October 2011

 Can the sms contents be retrieved through service provider?




Well, most of the mobile operators are private agencies. But, all of them operate on government owned, controlled mechanisms. Thus, they are accessible through government/agencies/channels.


Even before I suggest, I confess I am not very sure how this will operate. But, one should try RTI (Right To Information) route to retrieve the contents of sms. Maybe an authority may vet that this is an extraordinary case that needs to be serviced. Information seeker could then make an undertaking to bear service charges, information charges etc as may be applicable.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 October 2011

P Suresh,

 

Does RTI work on private companies.

 

By the same logic, anyone's account information should be released by RTI by the banks

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     12 October 2011

The point is well taken. That is not the idea to have proposed that option. Such legal situations need a solution. I am just trying to evolve a method.

 

Applicant approaches the court for necessary vetting of the RTI application. The court gives its consent. Applicant then makes an undertaking that s/he would pay information charges, incidental charges etc and files his request. --------- Think of it, one uses his/her own aegis, pay for it and it is not just a request; but is a request that has legal vetting. -------- While information can be handed over to applicant and s/he can go over it to find the most important points; court may as well procure it under closed cover, wherein court alone can have access to that information. ---------- I have suggested this because, if a plea is made to court in normal route, the court will base its orders from the point of view of costs and this may spoil the opportunity of proving the case from this angle, SMS.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 October 2011

P Suresh,

 

Not workable.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     15 October 2011

I have just got information that CDR (Call Data Records) can be made available by mobile companies to legal authorities and that it involves expenses.

 

Some more points that support the retrieval of back dated sms through RTI route:

* Mobile companies have a social responsibility to ensure that their setups are not misused.

* Litigation often hinges around critical pieces of evidence. But, it is case specific and not societal issue. Thus, court cannot, should not invoke its powers on its own, at its cost, off its own accord to meet these requirements to cause absolute justice in the case.

* RTI is such an act, where a subject invokes it as a matter of right, but pays a fees too and needs apt vetting by an authority and rules govern that authority. - In this case, as has already been rightly pointed by way of the example of bank accounts, not everything can be disclosed neither. - Again, revisiting the case on hand, that specific piece of information that falls in the category of bank accounts can make all the difference for justice. --WITH ALL THESE ON HIND, WHY NOT CONSIDER EVOLVING A WAY, the RTI way around IN CONJUNCTION with that respective court?

Manav Kalia (Arguing my own cases..)     15 October 2011

My wife has since changed her number. So she has discontinued her old number relating to the SMS. Will it make any difference to take out the CDR?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 October 2011

No.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..)     15 October 2011

Thanks buddy @ shonee

karan singh (none)     16 October 2011

How can I get the list of calls from the opposite party made 3 years back to mu BSNL no.? Should the court order the service provider to produce the same?

Manav Kalia (Arguing my own cases..)     18 October 2011

@ shonee and others, my xwife had airtel as MSP. How far back would the CDR go in number of years. I just need CDR for last three years from today, that is since I had my stroke. Would airtel be keeping her last three years CDR with them for sure? How can I know for sure regarding her MSP? I read in some other forum that CDR retention is not definite past six months? Please advise. Thanks..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 October 2011

You send witness summons/ Sec 91 CrPC notice to them through court.

 

I have personally got the details more than One Year old.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Manav Kalia (Arguing my own cases..)     20 October 2011

Is it MSP dependent, the retention of CDR? Or do all MSP's store CDR till same time period? I am only interested in airtel for the same. Thanks..

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