Omanakuttan K.G. v. Union of India
In the High Court of Kerala
WP (Civil) 12585/2021
Before Chief Justice S. Manikumar and Justice Shaji P. Chaly
Decided on June 28, 2021

Relevancy of the Case: Petition for blocking WhatsApp for non-compliance with the IT Rules, 2021

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 87)
• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
• The Constitution of India, 1950 (Article 226, 227)

Relevant Facts of the Case

• Omanakuttan, an engineer by profession, has filed this petition. It seeks to prohibit WhatsApp on the grounds that it violates the IT Rules, 2021.
• Further, the petitioner has claimed that it is impossible to identify the originator of communication on the messaging platform. Further, WhatsApp’s revised Privacy Policy violates the rights of individuals. It also lacks security as there have been multiple security flaws in the application.
• The petitioner has claimed that it is possible to manipulate and abuse communications on the application.

Opinion of the Bench

• The bench believed that it is premature to file a petition for the contentions raised by the petitioner.
• Passing an order with respect to the power of arrest available with the investigating agencies will be an omnibus order. In other words, it will be a violation of the statutory framework governing the criminal justice system in the country.
• It is up to the concerned authorities to conduct a thorough investigation and determine whether the communications were being manipulated.

Final Decision

• The court dismissed the petition.

Personal Opinion

• The petitioner failed to establish any case of arbitrariness or illegality on the respondents’ part.
• This case can become an important judgement for the ongoing challenges to the IT Rules, 2021.