The Delhi High Court has sought the response of the Central government and WhatsApp to a petition filed by former Supreme Court Bar Association (SCBA) President and Senior Advocate Adish Aggarwala challenging the suspension of his WhatsApp account.
Justice Sachin Datta issued notice in the matter on Monday.
Addressing WhatsApp's counsel, the Court also remarked it should be more "circumspect" before blocking an account.
Aggarwala has contended that the "arbitrary and unilateral" suspension of his WhatsApp account has resulted in the denial of access to his personal information.
He submitted that his account was suspended without any notice, leaving him without an opportunity to retrieve his personal and professional data, which includes legal drafts, advocates’ briefing notes, communications, Bar Council election and Bar Association related material.
"The arbitrary action of Respondent No. 3 [WhatsApp], particularly during the crucial period of different international conferences in Bangkok, London, Dubai etc and functions in India, has severely hampered the Petitioner’s rights and professional duties, canvassing efforts and fair participation in the election process," he has argued.
According to Aggarwala's plea, such conduct on the part of WhatsApp violates his rights under Articles 14 (right to equality), 19(1)(a) (freedom of speech and expression), 19(1)(g) (right to carry on trade, occupation etc.), and 21 (right to life and personal liberty) of the Constitution of India.
Aggarwala's plea has been filed through advocate Geeta Rani.