New Delhi: The Delhi High Court has rejected a plea challenging the Union Government’s decision to block the Briar messaging app in Jammu and Kashmir. The app was blocked due to concerns over national security and sovereignty.
Justice Subramonium Prasad dismissed the plea filed by Sublime Software Limited, the developer of the app, which argued that the blocking order was passed without following proper procedures and sought disclosure of the order.
The plea also sought a direction on Central Government to produce and publish the blocking order passed under Section 69A of the Information Technology Act, 2000.
It was the developer entity’s case that the blocking order was passed without following the procedure given in the Blocking Rules and that it was unable to access the software throughout the country because of the blocking.
The Union Government contended that 14 mobile messaging applications, including Briar, were blocked in the region of Jammu Kashmir under Section 69A of the IT Act as they contained material that was prejudicial to the Sovereignty and Integrity of India, Defence of India, Security of the State and Public Order.
It was also submitted that since the petitioner entity does not have any representative in India, it could not be informed about the blocking and that the blocking order cannot be shared as strict confidentiality has to be maintained regarding all the requests and complaints received and actions taken concerning blocking.
While rejecting the plea, the court took judicial notice of the fact that decisions taken at the highest level and for the benefit of the security & sovereignty of the country can be kept confidential.
“The blocking orders have been passed for 14 applications/softwares, including the software/application of the Petitioner herein, as it was being used by the Terrorists and their supporters to disturb the security and sovereignty of the country,” the court said.
It added that Briar application was blocked only in the State of Jammu and Kashmir and the same can be used in all other parts of the country.
“In view of the above, this Court is not inclined to entertain the present Writ Petition. Accordingly, the Writ Petition is dismissed along with the pending applications, if any,” the court said.(Live Law)
