The Supreme Court will not consider the petition to ban WhatsApp until the High Court’s order is challenged.
The Supreme Court today declined to consider a petition asking the Union Government to ban WhatsApp, claiming it violated Information Technology Rules. The petitioner had earlier submitted a similar request to the Kerala High Court in June 2021. That court dismissed the case, saying it was “too premature to issue a mandamus” and that the petitioner did not show any evidence of unfairness or illegality by the messaging service. During a short hearing, Justices M.M. Sundresh and Aravind Kumar told the petitioner, “You challenge that Order. We’ll see,” referring to the earlier High Court decision.
As a result, the Court did not hear the new Public Interest Litigation filed by Omanakuttam K.G., a software engineer. He had approached the Kerala High Court in 2021, arguing that WhatsApp was not following the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The petitioner claimed that WhatsApp is vulnerable to manipulation and lacks security, allowing anyone to easily alter media messages. He warned that such changes could create unrest or panic among the public and could be misused against individuals. He also noted that the end-to-end encryption of the app makes it impossible to trace user activities.
The High Court reviewed the 2021 Rules and noted that they address “every situation” related to managing information and technology. The Court remarked that the petitioner made unclear claims, stating that the Government is not taking action to regulate the platform in question, without providing any evidence. However, the Court pointed out that the rules established by the Government show that it has considered the issues and created sufficient provisions to protect national interests and uphold the law.
Regarding the petitioner’s request for a directive to investigating agencies not to use WhatsApp messages as evidence, the Court stated it “cannot issue such a direction.” It emphasized that it is up to the investigating agencies to determine how to handle a case and what evidence is necessary for a successful prosecution. The Court concluded that a broad directive would disrupt the legal framework of the criminal justice system. It found no evidence of arbitrariness or illegality by the Respondents that would warrant intervention. Therefore, the Court declined to use its judicial review powers under Article 226 of the Constitution.
Cause Title: Omanakuttan K.G. v. WhatsApp Applications Services Pvt. Ltd. [W.P.(C) No. 736/2024 PIL-W]
