Back
2025 Supreme(Online)(Kar) 9104
Reserved on : 21.03.2025 Pronounced on : 29.04.2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29 TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.2358 OF 2025 (GM – RES)
BETWEEN:
M. MOSER DESIGN ASSOCIATES (INDIA) PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT:
2 ND AND 3 RD FLOOR, NO 374, MSQUARE, 100 FEET ROAD, HAL 2 ND STAGE, INDIRA NAGAR, BENGALURU, INDIA – 560 038 REPRESENTED BY ITS AUTHORISED REPRESENTATIVE AND COMPANY SECRETARY MR. PANKAJ ARYA, AGED 46 YEARS.
... PETITIONER (BY SRI JATIN SEHGAL, ADVOCATE A/W SRI MADHAV NARAYAN, SMT.DEVNA SONI SMT.ELSHEBA SALY RAJU AND SRI ROHAN KOTHARI, ADVOCATES)
AND:
1 . STATE OF KARNATAKA HOME DEPARTMENT, THROUGH THE HOME SECRETARY SECRETARIAT, ROOM NO.222, II FLOOR, VIDHANA SOUDHA, BENGALURU.
2 . UNION OF INDIA, MINISTRY OF HOME AFFAIRS THROUGH THE HOME SECRETARY, NORTH BLOCK, NEW DELHI – 110 001.
3 . STATE OF KARNATAKA THROUGH CEN CRIME PS, EAST DIVISION SHIVAJI NAGARA, SULTHANGUNTA, BENGALURU – 560 051 REPRESENTED BY LD. SPP HIGH COURT BUILDING, KARNATAKA – 560 001.
4 . UNION OF INDIA MINISTRY OF ELECTRONICS AND INFORMATION TECHNOLOGY (MEITY), GOVERNMENT OF INDIA THROUGH THE DIRECTOR GENERAL (DIT)
CYBER LAWS AND E-SECURITY, ELECTRONICS NIKETAN, 6, CGO COMPLEX, LODHI ROAD, NEW DELHI – 110 003.
5 . DEPARTMENT OF TELECOMMUNICATIONS, THROUGH ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND IT
20, SANCHAR BHAWAN, ASHOKA ROAD, NEW DELHI – 110 001.
6 . DIRECTOR-GENERAL AND INSPECTOR GENERAL OF POLICE, KARNATAKA STATE POLICE, POLICE HEADQUARTERS, NO.2, NRUPATHUNGA ROAD, BENGALURU 560-001, KARNATAKA.
7 . PROTON AG A COMPANY INCORPORATED UNDER THE LAWS OF SWITZERLAND ROUTE DE LA GALAISE 32
1228 PLAN-LES-OUATES GENEVA, SWITZERLAND REPRESENTED BY ITS CEO ANDY YEN.
... RESPONDENTS (BY SRI SHAMANTH NAIK, HCGP FOR R-1, R-3 AND R-6;
SRI K.ARVIND KAMATH, ADDL.SOLICITOR GENERAL OF INDIA A/W SRI ADITYA SINGH, CGC FOR R-2, R-4 AND R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 AND 2 TO TAKE ALL SUCH STEPS AS ARE NECESSARY FOR SECURING THROUGH EXTANT MUTUAL LEGAL ASSISTANCE ARRANGEMENTS BETWEEN INDIA AND SWITZERLAND ALL NECESSARY INFORMATION AND DOCUMENTS PERTAINING TO THE SENDER OF THE OFFENDING EMAIL DTD. 27.09.2024 ANNX-A SENT THROUGH THE EMAIL ADDRESS ReemaGaandari @proton.me AND EMAIL DTD. 01.10.2024 ANNX-E AND D SENT THROUGH THE EMAIL ADDRESS reemagr08@proton.me USING R-7’S PLATFORM, PROTON MAIL, IN A TIME-BOUND MANNER AND ETC., THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 21.03.2025, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
The court mandated the blocking of Proton Mail under the Information Technology Act due to its role in facilitating cyber harassment, emphasizing the need for mutual legal assistance for effective law enforcement.
Headnote:(A) Information Technology Act, 2000 - Sections 67, 67A, 69A; Information Technology (Procedure and Safeguards for Blocking of Access of Information by Public) Rules, 2009 - Writ petition seeking directions for blocking Proton Mail due to repeated offensive emails targeting a company employee - Court emphasizes the need for mutual legal assistance between India and Switzerland to secure information from Proton Mail for investigation purposes. (Paras 1, 12, 18)
(B) Cyber Crime - The court recognizes the inability of Indian authorities to investigate due to the lack of cooperation from foreign entities and the challenges posed by encryption - Emphasizes the balance between technological freedom and accountability. (Paras 11, 12, 16)
(C) Jurisdiction - The court highlights that despite existing international treaties, there is a need for effective mechanisms to address crimes facilitated by digital platforms. (Paras 10, 14)
Facts of the case:
The petitioner, a company, sought judicial intervention after receiving multiple abusive emails from Proton Mail accounts targeting a senior employee, leading to reputational harm. Despite complaints to Proton Mail and law enforcement, the emails persisted, prompting the writ petition.
Findings of Court:
The court found that Proton Mail's operational structure hindered effective investigation and highlighted the need for urgent action to prevent further harm.
Issues: The main issues included the adequacy of existing legal frameworks to address digital crimes and the need for immediate action against Proton Mail to protect individuals and uphold national security.
Ratio Decidendi: The court ruled that the lack of cooperation from Proton Mail and the inability of Indian authorities to act effectively necessitated a ban on Proton Mail to safeguard individual dignity and national security.
Result: Writ petition allowed; directions issued to block Proton Mail.
CAV ORDER
The petitioner is before this Court seeking the following prayers:
(A) Issue a writ in the nature of mandamus (or any other writ/order/direction) directing Respondent No.1 and 2 to take all such steps as are necessary for securing through extant mutual legal assistance arrangements between India and Switzerland all necessary information and documents pertaining to the sender of the offending email dated 27-09-2024 (Annexure-A) sent through the email address ReemaGaandari@ proton.me and email dated 01-10-2024 annexure E & D sent through the email address reemagr08@proton.me using respondent No.7’s platform, Proton Mail, in a time bound manner;
(B) In the alternative to Prayer (A), issue a writ in the nature of mandamus (or any other writ/order/ direction) directing respondent No.3 to forthwith seek issuance of Letters Rogatory/legal request through the jurisdictional Magistrate, i.e., Ld. XLV Addl. Chief Metropolitan Magistrate, at Bangalore to the Federal Office of Justice, Switzerland for supply of all relevant information and documentation pertaining to the sender of the offending email dated 27-09-2024 (Annexure-A) sent through the email address ReemaGaandari@proton.me and email dated 01-10-2024 (Annexures E & D) sent through the email address reemagr08@proton.me sent using respondent No.7’s platform Proton Mail, in a time-bound manner;
(C) Issue a writ in the nature of mandamus (or any other writ/order/direction) directing respondent No.1, 2 and 3 to take all such steps as are necessary, through extant mutual legal assistance arrangements between India and Switzerland, to preserve all relevant information and documents pertaining to the sender of the offending email dated 27-09-2024 (Annexure-A) sent through the email address ReemaGaandari@proton.me and email dated 01.10.2024 (Annexures E & D) sent through the email address reemagr08@proton.me, sent using respondent No.7’s platform Proton Mail, in a time bound manner.
(D) Issue a writ in the nature of mandamus (or any other writ/order/direction) directing respondent No.4 and 5 to provide to this Hon’ble Court to provide a complete and up-to-date information as to the regulations in place regarding use and access of Respondent No.7’s platform Proton Mail, within India;
(E) Issue a writ in the nature of mandamus (or any other writ/order/direction) directing respondents No.4 and 5 to take such steps as are necessary to ban the use of respondent No.7’s platform, Proton Mail, in India; and (F) Pass any other order(s)/direction(s) as this Hon’ble Court deems fit, in the interest of justice and equity.”
2. Facts, in brief, germane are as follows:-
The petitioner is a Company incorporated under the Indian Companies Act, 1956. The Company is said to be engaged in the business of architecture, interior design and project management and is said to have Pan Asia representation including the city of Bangalore and is said to have established an impeccable reputation in the said industry. The other protagonists in the lis are the State of Karnataka in the Department of Home, respondent No.1; Ministry of Home Affairs, Government of India, respondent No.2; The Cyber Police, Karnataka, respondent No.3; Ministry of Electronics and Information Technology, Government of India, respondent No.4; Department of Telecommunications, Government of India, respondent No.5; the Head of the Police Force, State of Karnataka, respondent No.6 and Proton AG, respondent No.7 a Swiss-based Company incorporated under the laws of Switzerland, which provided an end-to-end encrypted email services. What has driven the petitioner to this Court is an electronic mail that dropped into the mail box of the petitioner/Company on 27-09-2024; the mail containing obscene, abusive, vulgar, sexually coloured, derogatory and defamatory remarks in respect of one of the female senior personnel of the petitioner. This comes through a mail ID generated from Proton Mail. This caused extreme humiliation and trauma and is said to
