W.P.(C) No.7663/2016 Page 1 of 15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 7663/2016 & C.M.No.31553/2016 (directions)

KARMANYA SINGH SAREEN AND ANR

..... Petitioners

Through:

Ms.Pratibha M.Singh, Mr.Sandeep

Sethi, Sr.Advs. with Mr.T.Singhdev, Mr.Prabhas

Bajaj, Mr.Tarun Verma, Advs.

Versus

UNION OF INDIA AND ORS

..... Respondents

Through:

Mr.Ruchir

Mishra,

CGSC

with

Mr.Mukesh Kr.Tiwari, Adv. for UOI.

Mr.Siddharth Luthra, Sr.Adv. with Mr.Tejas Karia,

Mr.Akhil Anand, Mr.Vivek Reddy, Ms.Richa

Srivastava, Mr.Shashank Mishra, Ms.Tara Narula,

Mr.Gautam Khazanchi, Advs. for R-2.

Mr.Kirtiman

Singh,

Standing

Counsel

and

Mr.Prashant Bezboruah, Adv. for R-5/TRAI.

CORAM:

HON'BLE THE CHIEF JUSTICE

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

J U D G M E N T

Ms. G. ROHINI, CHIEF JUSTICE

1.

The petitioners claim to be the users of “WhatsApp”, an Internet

Messaging Application, provided by the respondent No.2/"WhatsApp Inc.",

a company based in USA.

2.

The present writ petition by way of Public Interest Litigation has been

filed with the following prayer:

2016:DHC:6701-DB

W.P.(C) No.7663/2016 Page 2 of 15

"(a)

Issue a writ of prohibition or any other writ or direction

in the nature thereof prohibiting respondents No. 2 to 4 from

sharing, in any manner whatsoever, details and data of every

kind of the subscribers / users of WhatsApp with any entity

including Facebook or its family of companies;

(b)

Issue a writ of mandamus or any other writ or direction in

the nature thereof directing the respondent 1 and 5 or any other

appropriate authority to discharge their executive, statutory and

all other obligations in relation to protection and safety of

privacy of details / data of every kind of the subscribers / users

of WhatsApp all over the territory of India by taking all

necessary steps / actions in discharge of their executive as well

as statutory functions including by framing rules / regulations /

guidelines for the protection of rights of citizens including the

safeguarding and securing the privacy of citizens by ensuring

that mobile application providers such as "WhatsApp" and

other internet based messaging services do not compromise,

share and/or exploit the information and data including

messages, audio, video and other information of users in any

manner whatsoever.

(c)

Issue a writ in the nature of mandamus or any other writ

or direction in the nature thereof, directing the Respondents

No.1 and 5, to take all actions including steps towards making

Rules under Section 87 of the Information Technology Act,

2000 so as to regulate the functioning of Respondents No.2 to 4

and other similarly placed internet based messaging services

including their Privacy Policy for handling of or dealing in

personal information including private messages / photos /

conversations / audio messages / videos / documents & data so

as to ensure that the privacy rights of the users are not

compromised and are duly protected;

(d)

Issue a writ in the nature of mandamus or any other writ

or direction in the nature thereof, directing Respondents No.2 to

4 to obtain / secure the consent of only those Users who are

willing to specifically write to WhatsApp [upon clearly

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W.P.(C) No.7663/2016 Page 3 of 15

understanding / comprehending the import and extent of the

sharing of data / details of the Users proposed in the new Policy

of WhatsApp] and the complete / absolute privacy and not

sharing details / data in any manner whatsoever - must remain

continued for all other Users of WhatsApp;

(e)

Issue a writ in the nature of mandamus or