NASSCOM: No legal basis?
By Pulkit Sharma

United Kingdom based Scanning and Data Solutions describes itself as specialists in digital scanning solutions, scanning hardware, scanning bureau services and document management.’ Scanning and Data Solutions are a SME business operating for 15 years.  It also has a BPO in tech hub Pune, India.   

On Nov 11, Times of India published an article about a Director of Scanning and Data Solutions BPO in Pune being arrested for his alleged involvement in stealing medical records and selling them to another company.  The Times of Indian report said: “BPO Director Vikas Dhairyashil Bansode (29) of Uttamnagar was arrested after a complaint was lodged by the zonal officer of NASSCOM, Paresh Vinayak Degaonkar (37), with the cyber cell of Pune crime branch. The other two suspects have been identified as Kunal Abhay Gargatti of Belgam and Jayesh Bhagchandani. All the three have been booked under several sections of the Information Technology Act.”

Only problem?  NASSCOM (which represents our IT, BPO and KPO sector) may not have the legal standing to make such a complaint.

Cyber law expert Na.Vijayashankar, also known as Naavi in Cyberspace, is one of the most respected names in the Indian tech world.  As Chairman of the Digital Society Foundation and as a Director of Cyber Law College, one of Naavi’s life mottos is “Let’s build a responsible Cyber society”. Naavi’s views are highly regarded and he is regularly quoted by the leading Indian newspapers and magazines.

Naavi has just blogged:

“
What is noticeable is the fact that the Zonal officer of Nasscom was the complainant on behalf of the UK firm. Three persons are reportedly arrested and booked under ITA. The arrested have not been granted bail and remanded to Police custody. The report is ambiguous and quotes that a request for investigation was faxed by the UK firm to the Police also.

The incident raises certain issues including what is the role of Nasscom in this episode. What is the locus standi of Nasscom? In what capacity they have made the complaint? Why did the Police not grant Bail to the accused as per ITA 2008? What compelling evidence could they clinch?
“

Could NASSCOM explain what legal powers it has make an official police complaint on behalf on any foreign company?  While NASSCOM is headed by highly regarded executives and  is certainly doing a great job promoting our  IT and BPO sectors,  it may be on shaky legal grounds here.  It may be morally right, but the court case may flounder on legal grounds.