Delhi High Court asks Centre, WhatsApp to respond to plea challenging suspension of advocate's account

The Delhi High Court has sought response of WhatsApp and the Central government to plea filed by a lawyer challenging the deactivation of his WhatsApp account [Reepak Kansal vs Union Of India And Ors].

Justice Sachin Datta on October 16 issued notice to WhatsApp, the Union Ministry of Electronics and Information Technology (MeitY) and the Union Ministry of Communications Department of Telecommunications (DoT) in the matter.

The case is listed for further hearing on December 18.

The petitioner, advocate Reepak Kansal, has stated in his petition that the suspension of his WhatsApp account is arbitrary. He claims that the account was suspended without giving him any prior notice, show cause or opportunity to retrieve his data.

This has led to a denial of access to his personal and professional data, which includes legal drafts, client communications, Bar Association election material, and study material for the Advocate on Record examination, the plea added. The petitioner has contended that these materials are private digital assets and constitutes his intellectual property.

Further, the lawyer also highlighted that the suspension of his WhatsApp account hampered his professional duties, and his participation in the Supreme Court Bar Association (SCBA) elections that were held earlier this year. He has contended that such a suspension of his WhatsApp account has violated his fundamental rights under the Constitution of India.

He alleged that despite contacting WhatsApp several times over email and courier over this matter, he did not receive any response. 

He further submitted that WhatsApp has not appointed a Grievance Officer in India to establish a mechanism to handle complaints as mandated under Rule 4 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which mandates the acknowledgment of user complaints within 24 hours.

Therefore, Kansal has now sought the Court's intervention in the matter. He has prayed for the Court to direct WhatsApp to restore his account and to formulate a transparent, fair, and reasonable policy for account suspensions. 

He is also seeking directions to MeitY to ensure that adequate safeguards and grievance redressal mechanisms, including the establishment of the Data Protection Board, are implemented to address such issues.

Central Government Standing Counsel PS Singh with advocates Kumar Saurabh and Rajneesh Sharma appeared for the Centre before the Court.

[Read order]