Approaching the Apex Court, the doctor sought restoration of her WhatsApp account. Dr Kundra argued that the platform was essential for her professional and personal communication.
However, while considering the matter, the Apex Court ruled that the ruse of a private messaging service does not fall under the purview of constitutionally protected rights.
The top court bench led by Justice Sanjiv Khanna also observed that WhatsApp is a private entity and users are not bound by its terms of service. Therefore, the court asked the doctor to use other alternative messaging platforms, such as the Arattai app made by Zoho. It remarked, "You can use Arattai."
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Observations by the Apex Court:
As per the latest media report by the Times of India, while considering the issue, the Apex Court bench stressed the fact that access to private digital platforms such as WhatsApp is not a guaranteed right under the Constitution of India. It also noted that while digital communication is important, it is a must for the users to comply with the policies of the platform, and they cannot claim entitlement to services that are operated privately.
Along with this, the bench also declined to entertain any further arguments contending that WhatsApp’s actions amounted to a violation of free speech, stating that such claims must be addressed via appropriate regulatory or civil channels.
It ordered, "Ms. Mahalaxmi Pawni, learned senior counsel appearing for the petitioners, upon instructions, seeks permission to withdraw this petition with liberty to the petitioners to avail such other remedy as may be available under law before appropriate forum."
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