|
The Delhi High Court on Monday sought responses of all respondents, including the Union of India, Meta Platforms and WhatsApp LLC, on a petition filed by former Supreme Court Bar Association (SCBA) President and senior advocate Dr. Adish C. Aggarwala, challenging the abrupt suspension of his WhatsApp accounts.
Justice Sachin Datta heard the matter and directed the respondents to file their replies, listing the matter next on December 18. Aggarwala has approached the High Court under Articles 226 and 227 of the Constitution, alleging that the sudden and unilateral deactivation of his WhatsApp numbers without prior notice, show cause, or any opportunity to retrieve his personal and professional data, amounts to a violation of his fundamental rights. According to the petition, the suspended accounts contained years of sensitive material, including legal drafts, briefing notes, client communications, Bar Council election documents and confidential case-related records essential to his professional duties. The plea states that the suspension occurred while Aggarwala was participating in international conferences in Bangkok, London, Dubai and other jurisdictions, thereby severely affecting his professional engagements and impairing his ability to fairly participate in ongoing Bar Council election-related activities. He asserts that WhatsApp's actions infringe Articles 14, 19(1)(a), 19(1)(g) and 21 of the Constitution, particularly his rights to equality, free speech, professional practice and life with dignity. Relying on the Supreme Court's landmark judgment in K.S. Puttaswamy v. Union of India, the petition argues that access to personal digital communications forms an intrinsic part of autonomy, dignity and informational privacy. The denial of access to years of professional and personal data, the petition contends, constitutes an unreasonable and disproportionate restriction on his right to practise his profession. Aggarwala has further submitted that WhatsApp has failed to appoint a Grievance Officer in India and has not put in place an effective mechanism for acknowledging or resolving user complaints, despite statutory requirements. The petition records that repeated emails sent to the platform, as well as a personal visit by his representative to WhatsApp's Gurugram office on 13 October 2025, elicited no response. The plea also highlights that the Union of India has not yet constituted the Data Protection Board under the Digital Personal Data Protection Act, leaving users without a functional statutory forum for redressal. In the absence of an operational regulatory mechanism, Aggarwala contends that he was compelled to seek urgent judicial intervention to restore his accounts and safeguard his rights. (ANI)
|
