HC seeks Centre’s response to pleas by FB, WhatsApp challenging IT rules

The pleas have challenged the new rules on the grounds that they violate the right to privacy and are unconstitutional. 

A bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice asking the Centre, through the Ministry of Electronics and Information Technology, to file reply on the petition as well as the application for stay on the implementation of the Rules. 

The court listed the matter for further hearing on October 22. The counsel for the Centre said the main advocate was not available and sought an adjournment which was opposed by senior advocates Harish Salve and Mukul Rohatgi, appearing for WhatsApp and Facebook respectively. 

The Facebook owned company, WhatsApp, in its plea said the requirement of intermediaries enabling the identification of the first originator of information in India upon government or court order puts end-to-end encryption and its benefits “at risk”.