Court emphasizes use of Rule 3A of IT Rules 2021 as first recourse for redressal
In a recent judgment delivered by the Delhi High Court, Justice Purushaindra Kumar Kaurav addressed the grievances of petitioners whose WhatsApp accounts were banned, directing them to the Grievance Appellate Committee constituted under Rule 3A of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as the primary remedy.
The case, titled Reepak Kansal v. Union of India, saw petitioners represented by advocates including Mr. Deepak Kansal, arguing that despite the ban being lifted, vital data remained inaccessible, causing undue hardship. The court acknowledged the grievances but pointed to the established remedy through the Appellate Committee, which is mandated to resolve issues within 30 days using an online dispute resolution mechanism.
Justice Kaurav emphasized that the remedy under Rule 3A should be exhausted before invoking the writ jurisdiction of the court, aligning with a prior Division Bench decision in Ravinder v. Union of India, which upheld the efficacy of this grievance mechanism.
The court disposed of the petitions, granting liberty to the petitioners to approach the Grievance Appellate Committee through the Grievance Officer. It reiterated that the Appellate Committee should handle the grievances expeditiously and in accordance with the outlined rules and regulations.
This judgment underscores the judiciary's preference for utilizing specific statutory grievance mechanisms before seeking judicial intervention, aiming for a more structured and efficient resolution process.
Bottom Line:
Information Technology - Remedy for grievance against banning of WhatsApp accounts by the intermediary lies with the Grievance Appellate Committee constituted under Rule 3A of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Appellate Committee must resolve grievances expeditiously within 30 days.
Statutory provision(s): Information Technology Act, 2000, Rule 3A of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
Reepak Kansal v. Union of India, (Delhi) : Law Finder Doc id # 2879365
