'Banned Chinese apps can challenge government order in court'

In the wake of the Information Technology Ministry banning 59 Chinese apps as they were a threat to national security, two Supreme Court advocates told ETV Bharat that the companies have every right to approach the court and challenge the government order.

New Delhi: With the government banning 59 Chinese apps that it said were a threat to national security, Supreme Court advocates on Tuesday said that the companies have every right to approach the courts and challenge the government order.

The Ministry of Information Technology yesterday said in a release that it has decided to block 59 apps in view of the information available that "they are engaged in activities which are prejudicial to sovereignty and integrity of India, defence of India, the security of the state and public order".

Is the order legally valid?

Speaking to ETV Bharat, Supreme Court advocates Aditya Parolia and Meenakshi Arora said that the government can do anything under the Public Safety Guidelines and there need not be any procedure before banning the apps if they are considered a threat to national security, which the government has claimed.

"If certain apps or certain things are found to violate national security or violative of public policy or be violative of certain principles of law they can be immediately banned and suspended," commented Parolia.

Parolia cited the example of pornographic sites which, were against public policy and hence were banned. Explaining further, he said that if there is any "material evidence or material apprehension even" that these apps are compromising with public data, privacy or infiltrating critical information of the government, the government is free to take steps of banning the apps.

What steps can the apps take against the government order?

According to the advocates, the Chinese app companies can approach the High Courts or even the Supreme Court challenging the government's notification or legislation. If the court finds it violative of certain fundamental rights, the notification can be declared ultra vires, said Parolia.

Adding on, Arora said that Article 14 and 21 of the Indian Constitution allows everyone, including foreign nationals to approach Indian courts and fight their case.

Read:Government of India bans 59 mobile apps including Tik Tok, UC Browser

As far as the employees of these companies working here are considered, even they can challenge the government's order in court as everyone has the fundamental right to choose profession or right to work, and banning certain companies can result in job loss.

However, there is no provision in the law which states that the government has to provide alternative jobs to employees of a banned company.

Although, according to Parolia, there are certain exceptions in Right to work/profession which includes public policy or security. The employees will have to prove the violation of their rights in the courts. There are some judgments on similar cases and everything will have to be tested, added Parolia.

Meanwhile, one of the banned apps, TikTok has issued a statement denying the government's concerns and said that it has been invited to meet the government today to present its case.

Read:TikTok removed from Google Play, Apple App Store in India