Court Issues Notice to MeitY and DoT; Hearing Set for December 18
The Delhi High Court has sought responses from the Central government and WhatsApp regarding a plea filed by Advocate Reepak Kansal, whose WhatsApp account was allegedly suspended without prior notice. The advocate claims that the suspension deprived him of access to crucial personal and professional data.
On October 16, Justice Sachin Datta issued notices to WhatsApp, the Union Ministry of Electronics and Information Technology (MeitY), and the Department of Telecommunications (DoT), asking them to file their replies. The matter is now listed for further hearing on December 18.
In his plea, Kansal argued that the suspension was arbitrary, as no prior notice or opportunity to respond was provided before his account was deactivated. He stated that the move has prevented him from accessing vital professional materials, including legal drafts, client communications, Bar Association election documents, and study materials for the Advocate on Record examination.
“These materials form part of my private digital assets and intellectual property,” Kansal submitted, emphasizing that the suspension has disrupted his professional obligations and even affected his participation in the Supreme Court Bar Association (SCBA) elections earlier this year.
The advocate further alleged that despite reaching out to WhatsApp multiple times via email and courier, the platform failed to respond or offer any resolution. He also pointed out that WhatsApp has not appointed a Grievance Officer in India, as mandated under Rule 4 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which requires user complaints to be acknowledged within 24 hours.
Kansal has urged the Court to direct WhatsApp to restore his account and frame a transparent and reasonable policyfor account suspensions. He has also sought directions to MeitY to ensure the establishment of a robust grievance redressal mechanism, including the formation of a Data Protection Board to handle such digital rights concerns.
Representing the Central government, Standing Counsel PS Singh, along with advocates Kumar Saurabh and Rajneesh Sharma, appeared before the Court.
The case underscores growing concerns over digital accountability and user rights amid the increasing dependence of professionals on communication platforms like WhatsApp.
Case: Reepak Kansal vs Union Of India And Ors – Available on LAWFYI.IO
