Bombay HC At Goa Asks State To File Affidavit Stating That Usage Of Aarogya Setu App No Longer Mandatory For Entering Collectorate Building

Division bench of Justice MS Sonak and Justice MS Jawalkar heard the PIL filed by activist Sudeep Dalvi. Advocate Shashwat Anand appeared on behalf of the petitioner along with Advocates Shrinivas Khalap and Chintan Nirala.

At the outset, Advocate Anand contended that the said app seeks access to personal details like contacts and citing the decision of a nine judge bench of the Supreme Court in KS Puttaswamy (Retd.) & Anr. v. Union of India & Ors., 2015 (8) SCC 735, Adv Anand said that right to privacy cannot be impinged upon without a just, fair and reasonable statutory law, for which it has to fulfill and must meet the threefold requirement -

(i) existence of a law;

(ii) must serve a legitimate State aim; and

(iii) proportionality

At this juncture, Advocate General of Goa Devidas Pangam submitted that the State had already issued an order stating that the app is not mandatory. To this, Justice Sonak said that there is nothing more to the case when Advocate Anand interjected and said that the challenge still subsists.

Why? If they are saying it is not mandatory then why will the challenge subsist? Justice Sonak asked.

They have issued an oral statement only, Adv Anand replied.

When the Court enquired from the Advocate General, he submitted that as per order/communication dated July 27 and subsequent letter addressed to the Security In-Charge of the Collectorate building on July 28, members of the public or staff without smartphones have been allowed to enter.

After having a look at the communication, Justice Sonak noted that this was different from what is being submitted by the AG.

They have made it more dangerous, Adv Anand tried to intervene. However, Justice Sonak asked AG Devidas Pangam-

"The usage of the said app is not mandatory, is that the position?"

Yes, AG replied.

Thereafter, Court asked the State to file an affidavit in this regard and kept the matter for hearing on October 6.

An affidavit is to be filed indicating that usage of the Aarogya Setu app is no longer mandatory, Court recorded in the order. Advocate Shashwat Anand said he wanted to file a reply in the matter if the State is filing an affidavit.

"You want relief or you want to fight? If they are saying it is no longer mandatory, you should be happy. You don't seem happy. Let them file affidavit." Justice Sonak said.

The matter was adjourned.

Petitioner has contended that usage of the Aarogya Setu App is not backed or mandated by any law. Thus, its imposition, in any way, is wholly arbitrary and unconstitutional, and amounts to invasion into the citizens' privacy.