"Used By Terrorists": Delhi HC Rejects UK-Based Company’s Plea To Lift Ban On Its Messaging App ‘Briar’
The Delhi High Court rejected the request of a UK-based company, to set aside an order that blocked its free and open-source messaging software, ‘Briar’, citing its use by terrorists and their supporters to undermine the security and sovereignty of the country.
The Court said that the application has been blocked only in the State of Jammu and Kashmir and the same can be used in all other parts of the country.
The Court was hearing a Writ Petition seeking a direction to produce and publish as well as set aside the order passed by authorities under Section 69A of the Information Technology Act, 2000 blocking the open-source messaging application called “Briar”.
The bench of Subramonium Prasad observed, “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.”
Advocate Bhuvan Mishra appeared for the Appellant and SPC Vaibhav Gaggar appeared for the Respondent.
Brief Facts-
The petitioner, a software development company based in Brighton, UK, developed an app called ‘Briar’, which is a Free and Open Source Software (FOSS). FOSS allows users to freely license, copy, study, and modify software, with source code openly shared to encourage improvements. Briar enables direct messaging without internet connectivity, crucial during emergencies and disasters for effective communication. It was widely used during the 2017 Tamil Nadu floods. The petitioner claims that the app has been blocked in India under the Information Technology Act, 2000, and the related Blocking Rules without proper notice or procedure. Therefore in the present Writ Petition, the petitioner has approached the Court challenging the blocking order.
The Court observed, “in matters of national security, principles of natural justice can be given a go-by.”
The Court relied on the decision of the Supreme Court in Ex-Armymen's Protection Services (P) Ltd. v. Union of India, (2014) 5 SCC 409 and quoted, “Thus, in a situation of national security, a party cannot insist for the strict observance of the principles of natural justice. In such cases, it is the duty of the court to read into and provide for statutory exclusion, if not expressly provided in the rules governing the field. Depending on the facts of the particular case, it will however be open to the court to satisfy itself whether there were justifiable facts, and in that regard, the court is entitled to call for the files and see whether it is a case where the interest of national security is involved. Once the State is of the stand that the issue involves national security, the court shall not disclose the reasons to the affected party.”
The Court said that it can take 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.
Accordingly, the Court dismissed the Writ Petition.
Cause Title: Submile Software Limited v. Union of India ( Neutral Citation: 2024:DHC: 4987)
Appearance:
Appellant: Adv. Bhuvan Mishra, Adv. Arjun Adarian Dsouza, Adv. Yash Maheshwari, Mr. Krishna Kanhaiya Kumar and Adv. Tanmay Mishra
Respondent: SPC Vaibhav Gaggar, Adv. Utkarsh Tiwari and Adv. Shefali Munde