Lawyer Challenges WhatsApp Ban; Delhi HC Issues Notice to Centre and App Company

The Delhi High Court has asked WhatsApp and the Central Government to respond to a petition filed by advocate Reepak Kansal, who challenged the suspension of his WhatsApp account, calling it arbitrary and unlawful.

Justice Sachin Datta, on October 16, issued notices to WhatsApp, the Ministry of Electronics and Information Technology (MeitY), and the Department of Telecommunications (DoT). The matter will now be heard again on December 18.

In his plea, Kansal argued that his account was deactivated without any prior notice or opportunity to explain, which resulted in the loss of access to crucial personal and professional data. This included client communications, legal drafts, Bar Association election material, and study notes for the Advocate-on-Record (AOR) exam.

The lawyer stated that such an action not only disrupted his professional work but also affected his participation in the Supreme Court Bar Association (SCBA) elections. He claimed that the suspension violated his fundamental rights under the Constitution of India.

Kansal further alleged that despite contacting WhatsApp several times through email and courier, the company failed to respond. He also pointed out that WhatsApp has not appointed a Grievance Officer in India, as required under Rule 4 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules mandate acknowledgment of user complaints within 24 hours.

In his petition, Kansal requested the Court to direct WhatsApp to restore his account and to establish a transparent and fair policy for account suspensions. He also sought directions to MeitY to ensure proper data protection safeguards and redressal mechanisms, including the establishment of the Data Protection Board.

Central Government Standing Counsel PS Singh, along with advocates Kumar Saurabh and Rajneesh Sharma, appeared for the Centre in the case.