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Dated: 17.04.2020

Letter Petition
The Hon'ble Chief Justice of India,
Hon'ble Supreme Court of India, New Delhi

Subject - Infringement of fundamental right of privacy of the


citizens on account of permitting use of video conferencing
application named ‘ZOOM’.

Respected Sir,

In these difficult times, where nation is trying to tackle a

deadly and contagious epidemic called corona virus disease

(Covid-19), the undersigned applicants are constrained to present

this letter petition before his Lordship to bring a serious issue of

violation of fundamental right to privacy of citizens by use of a

video conferencing/chatting application named ZOOM.

In order to curb the spread of contagious Covid-19 epidemic, the

govt. of India has declared lockdown across the country thereby

restricting physical movement of the individuals.

That due to lockdown and restrictions on physical movements,

virtual or digital means of communication are being used to


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communicate, work, attend meeting, taking online classes and

other works possible through audio/video facilities.

That an application named ‘ZOOM’ which is a video

chatting/conferencing application available across platforms,

gained momentum to be used as means of chatting/conferencing

in India for various purposes including online classes, online

meetings, conferences and other allied purposes.

That after using the ZOOM application for some time in India, it

was found that said application is not safe and it doesn’t have any

end to end encryption as safety feature. Further it was also noticed

that malicious ransom mails are also being received by the users

of the ZOOM applications.

The said ZOOM application is also being heavily used as means

of giving online classes to young children across the country, and

due to its vulnerabilities, it is not excessive to say that those data

can be used to exploit young children and use their videos for

illegal and pornographic purposes.

Taking note of the alarming situation, the Ministry of Home

Affairs issued an advisory dated 12.04.2020, where it has


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accepted that ZOOM is not safe platform, but astonishingly,

instead of banning said application in India, it suggested some

measures which were to be followed while using ZOOM

application.

It is respectfully submitted that, once the Ministry of Home

Affairs has reached to the conclusion use of ZOOM application is

unsafe, it should have recommended to ban the application in

India rather making further suggestive steps which are very

complex in nature.

The advisory issued by the Ministry of Home Affairs dated

12.04.2020 has been annexed herewith as Annexure No. A.

That various news channels in the news aired on 16.04.2020 has

cited the developers of the ZOOM application has themselves

admitted about the vulnerabilities in the application and stated

that they require considerable period of time to fix those

vulnerabilities.

That the advisory issued by the Ministry of Home affairs is not

feasible to be followed by every normal user of the ZOOM

application in India which puts the user’s data at heavy risk


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resulting in violation of right to privacy at mass level. There is an

immediate and urgent necessity to ban the download and use of

such vulnerable application in India.

That the fundamental right to privacy is sacrosanct right

guaranteed under Article 21 of the Constitution of India as

declared by the nine Judges constitution bench of Hon'ble

Supreme Court in K. S. Puttaswamy v. Union of India, (2017) 10

SCC 1.

Hence, it is prayed that, his lordship may take cognizance of the

present serious issue and pass appropriate orders on judicial side

to protect the fundamental rights of privacy of the citizens.

Yours faithfully:

1. Sanpreet Singh Ajmani


Advocate
B-3, Basement, Jangpura Extension, New Delhi 110014.
Phone: 09927000010

2. Aneesh Sharma
Advocate
B-3, Basement, Jangpura Extension, New Delhi 110014.
Phone: 9811828628.

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