Petition calls for validation of publicdocuments with digital signatures

A division bench comprising Justice MM Sundresh and Justice R Hemalatha before whom the plea came up on Monday ordered notice to the State represented by the Chief Secretary and Registrar General of the Madras HC returnable in four weeks.

The plea moved as public interest litigation by KPS Palanivel Raja, an advocate, had contended that while most limbs of the various governments including apex courts and various courts are simultaneously issuing orders validating the same with electronic signatures and hosted on the website, the Tamil Nadu Government has been issuing and accepting electronic signature only for certain restricted cases especially for e-tenders.

Pointing out that uploading GOs and judgments on the websites without a digital signature would lack credibility and authenticity, the petitioner contended that owing to this no presumptive value as stipulated in the Indian Evidence Act exists.

Hence, failure to validate such public orders, be it administrative or judicial with digital signatures, would render them inadmissible as evidence as per section 65B of the Indian Evidence Act, the petitioner contended, seeking to direct the government to issue all orders and judgments which are in electronic form be appended with electronic signatures as contemplated under the Information Technology Rule 2004, before being hosted on official site.