Delhi High Court Directs Petitioners to Seek Remedy Under IT Rules in WhatsApp Ban Cases

The Delhi High Court has disposed of a batch of petitions challenging the banning of WhatsApp accounts, holding that the petitioners must avail the statutory remedy provided under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Court emphasised that an efficacious grievance redressal mechanism exists under Rule 3A of the Rules, which provides for an appeal before the Grievance Appellate Committee.

The order was passed by Justice Purushaindra Kumar Kaurav while dealing with petitions filed by practising advocates Reepak Kansal, Dr. Adish C Aggarwala, and Rohit Pandey. The petitioners had approached the High Court challenging the banning of their accounts by WhatsApp, alleging that the action was arbitrary and lacked transparency. They also sought restoration of their data, which they claimed remained inaccessible even after the accounts were reinstated.

“The petitioners in these writ petitions may be correct in contending that their grievance has not been fully mitigated, however, the same will have to be looked into by the Appellate Committee in accordance with the extant rules and regulations”, the Court observed.

During the course of the proceedings, WhatsApp informed the Court that the bans imposed on the petitioners’ accounts had already been lifted in accordance with its internal policy guidelines. However, the petitioners submitted that their grievance had not been fully resolved, as the data previously stored in their accounts was still not accessible. They argued that this had caused serious inconvenience, particularly given their professional reliance on the platform for communication and documentation.

Taking note of these submissions, the Court acknowledged that the petitioners’ grievance “may be correct” insofar as it had not been completely mitigated. Nonetheless, it held that the appropriate forum for addressing such issues lies within the statutory framework established under the IT Rules.

The Court observed that Rule 3A of the IT Rules specifically provides for a structured grievance redressal mechanism, including an appellate process before the Grievance Appellate Committee. This mechanism, it noted, is designed to address disputes between users and intermediaries, including issues relating to account suspension, content moderation, and data access.

In this context, the Court placed reliance on its earlier judgment in Ravinder v. Union of India, where a Division Bench had rejected the argument that the remedy under Rule 3A was ineffective. Reaffirming this position, the Court held that the existence of such a statutory remedy bars direct recourse to writ jurisdiction, except in exceptional circumstances.

The Bench reiterated the settled legal principle that where an alternative and efficacious remedy is available, the High Court should ordinarily refrain from exercising its writ jurisdiction under Article 226 of the Constitution. It stressed that bypassing the statutory mechanism would undermine the regulatory framework established for digital intermediaries.

Accordingly, the Court granted liberty to the petitioners to approach the Grievance Appellate Committee for redressal of their remaining grievances. It further directed that if such an appeal is filed, the Committee shall consider and decide the matter within a period of 30 days, as prescribed under the Rules.

The ruling underscores the increasing significance of the IT Rules, 2021 in governing disputes involving digital platforms and user rights. It also highlights the judiciary’s consistent approach in directing litigants to exhaust statutory remedies before invoking constitutional jurisdiction.

With these observations, the Delhi High Court disposed of the petitions, leaving it open to the petitioners to seek appropriate relief through the designated appellate mechanism under the IT Rules.

Case Title: Reepak Kansal v. Union of India And Ors.

Bench: Justice Purushaindra Kumar Kaurav

Date of Judgement: 30.03.2026