RTI Applicant Seeks Access to WhatsApp Chats Cited in Court—SC Reserves Judgment
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- 22 Apr 2025 --
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The Supreme Court of India has reserved its judgment in a key matter involving the intersection of digital privacy, public transparency, and the Right to Information (RTI). The case stems from an RTI application seeking access to WhatsApp messages that were cited as evidence during court proceedings. The petitioner argued that once digital communication is introduced in court and becomes part of the legal record, it should be made accessible to the public under the RTI Act.
This case is important because it brings up issues about the transparency of judicial proceedings and how digital communications, such as WhatsApp chats, are handled when they appear in court.
Background of the Case
- The applicant had filed a Right to Information (RTI) request under the RTI Act, 2005, seeking certified copies of WhatsApp chats referenced during open court proceedings.
- The WhatsApp chats were reportedly cited in connection with a matter of public importance and allegedly formed part of the reasoning in the judicial process.
- The RTI request was denied by the concerned public authority, stating that the chats were private and not part of the official court record.
Key Legal Issues Raised
This case raises important legal questions about:
- Whether WhatsApp chats cited during a court hearing become part of the public record.
- Whether disclosure of such chats under the RTI Act would amount to an unwarranted invasion of privacy under Section 8(1)(j) of the RTI Act.
- The role of courts and public authorities in balancing the right to know with the right to privacy.
- How digital communications submitted in courts should be treated under open court principles.
Legal Provisions and Articles Involved
- Section 2(j), RTI Act, 2005: Grants the right to obtain certified copies of documents held by or under the control of public authorities.
- Section 8(1)(j), RTI Act: Provides an exemption from disclosure if the information is personal and unrelated to any public activity or interest.
- Article 19(1)(a) of the Constitution: Guarantees freedom of speech and expression, which includes the right to information.
- Article 21 of the Constitution: Protects the right to life and personal liberty, including the right to privacy as affirmed in the Puttaswamy judgment.
Arguments from Both Sides
Petitioner’s Submissions:
- Once WhatsApp chats are cited in court and discussed in open proceedings, they become part of the public judicial record.
- Denial of access to such material is a violation of transparency and open justice principles.
- Public accountability in judicial proceedings cannot be ensured without open access to records, including digital evidence.
Respondent’s Submissions:
- Merely referring to or reading out a message in court does not mean the material is officially placed on record.
- Disclosure of such chats could amount to a breach of individual privacy and may not serve any larger public interest.
- Access to such documents should be governed by evidentiary rules, not merely by the RTI Act.
Points of Legal Consideration
- Whether digital communications like WhatsApp chats, when cited in court, qualify as public documents.
- How privacy safeguards should be maintained in cases where private messages are disclosed during legal proceedings.
- Whether the information has been formally placed on record, which is critical for determining if it is covered by the RTI Act.
- The need to distinguish between use of evidence in argument and submission of evidence into the court record.
Judicial Precedents for Reference
- State of Uttar Pradesh v. Raj Narain (1975): Established the public’s right to know as a core element of democratic accountability.
- K.S. Puttaswamy v. Union of India (2017): Recognized the right to privacy as a fundamental right under Article 21.
- Subhash Chandra Agarwal v. CPIO, Supreme Court of India (2019): Held that even constitutional offices like the Chief Justice are subject to the RTI Act under specific conditions.
As the Supreme Court prepares to pronounce its judgment, this case represents a critical moment in defining the scope of RTI in the digital era. It forces the judiciary to walk a fine line between transparency in public proceedings and protection of personal privacy. The decision will not only clarify the legal status of WhatsApp chats when cited in court but may also shape how digital records are handled in future judicial proceedings.
The outcome is likely to have far-reaching implications on the use of electronic evidence, privacy jurisprudence, and citizen access to court records.
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