The Delhi High Court recently upheld the Centre’s decision to block open-source messaging application (app) Briar in J&K, observing that principles of natural justice can be given a go-by in “national security matters”.
Briar is a free and open source software (FOSS), which is freely licensed to be used and anyone can copy, study and change the software in any way and the source code is openly shared so that people are encouraged to voluntarily improve its design.
A single-judge bench of Justice Subramonium Prasad in its July 2 order referred to the SC’s 2014 decision in Ex-Armymen’s Protection Services Private Ltd versus Union of India case and observed that “the principles of natural justice can be given a go-by in matters related to security and sovereignty of the country”.
It also took judicial notice of fact that decisions taken at “highest level and for the benefit of the security and sovereignty of the country can be kept confidential”.
The HC said the app had been blocked only in J&K; it can be used in other parts of the country.
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