“In matters of national security, principles of natural justice can be bypassed. It is well established that the right to a fair hearing may need to yield to overriding considerations of national security…This Court acknowledges that decisions taken at the highest level for the country’s security and sovereignty can be kept confidential,” Justice Subramonium Prasad stated
NEW DELHI: The Delhi High Court recently (2nd July) upheld the Central Government’s decision to block the messaging platform Briar in Jammu & Kashmir, noting that principles of natural justice can be bypassed in matters of national security.
Justice Subramonium Prasad stated that decisions made at the highest levels of Government for the security and sovereignty of the country could remain confidential.
“In matters of national security, principles of natural justice can be bypassed. It is well established that the right to a fair hearing may need to yield to overriding considerations of national security…This Court acknowledges that decisions taken at the highest level for the country’s security and sovereignty can be kept confidential,”
the Court said.
Briar had approached the High Court seeking an order directing the Central government to produce and publish the order to block the application, issued under Section 69A of the Information Technology Act, 2000. The open-source platform also sought a stay on the order.
Advocates Bhuvan Mishra, Arjun Adrian D’souza, Yash Maheshwari, Krishna Kanhaiya Kumar, and Tanmay Mishra represented Sublime Software Limited (Briar).
READ ALSO: “Fake Currency Poses National Security Threat, Cases Needs Stern Action”: Delhi HC
The Central government was represented by Advocates Vaibhav Gaggar, Utkarsh Tiwari, Shefali Munde, and Vedansh Anand.
What is Briar?
Briar is a Free and Open-Source Software (FOSS) that is freely licensed for use, allowing anyone to copy, study, and modify the software. The source code is openly shared to encourage voluntary improvements to the software design.
The Government informed the Court that Briar can function without an internet connection and is suspected of being used by terrorists in Jammu & Kashmir, posing a potential threat to national security, sovereignty, and integrity.
The Court, after considering the case, noted that the interim order by the Government had been reviewed by a committee of top officials as per Section 7 of the Blocking Rules.
READ ALSO: What is Enemy Agents Ordinance? Application in Jammu & Kashmir Explained
“The blocking orders have been issued for 14 applications/software, including the Petitioner’s software/application, as it was being used by terrorists and their supporters to undermine the country’s security and sovereignty. The Petitioner’s application has only been blocked in Jammu and Kashmir and can be used in other parts of the country,”
the Court noted.
Consequently, the plea was dismissed.
Case Title: Sublime Software Ltd v. Union of India
