Delhi HC asks Centre, WhatsApp to respond to lawyer's plea challenging suspension of account

New Delhi, Dec 1 The Delhi High Court on Monday sought responses from the Centre and WhatsApp on a plea filed by a Supreme Court lawyer challenging the suspension of his account on the messaging and calling app, leading to denial of access to his personal and professional data.

Justice Sachin Datta issued notices to the Ministry of Electronics and Information Technology (MeitY), the Ministry of Communications, and WhatsApp Inc on the petition of Rohit Pandey, former secretary of the Supreme Court Bar Association.

The petitioner challenged the “arbitrary and unilateral” suspension of his WhatsApp account, and said it was abruptly deactivated without any prior notice or opportunity to retrieve his data, including legal drafts, client communications and Bar Council of Delhi (BCD) election material.

“The arbitrary action of Respondent No. 3 (WhatsApp), particularly during the crucial period of the BCD elections, has severely hampered the petitioner's professional duties, canvassing efforts and fair participation in the election process,” the plea said.

The petitioner said despite repeated requests for review and representation, he has not received any response from the respondents, thereby depriving him and other citizens of their statutory right to seek redressal for data-related grievances, and leaving him without any effective statutory remedy.

The plea sought direction to the Centre to ensure the implementation of adequate safeguards, regulatory oversight and an effective grievance redressal mechanism for users whose digital accounts are suspended or restricted.