Kerala HC refuses to issue interim orders on plea challenging mandatory use of Aarogya Setu app
May 12, 2020
Kochi (Kerala) [India], May 12 : Kerala High Court on Tuesday refused to issue any interim orders on a plea challenging the Central government's decision to mandate the use of Aarogya Setu app for all public and private sector employees returning to work amid the COVID-19 crisis.
"Extraordinary situations call for extra-ordinary measures. It is in extraordinary circumstances, we will come back to it in normal circumstances," a divison bench of Justice Anu Sivaraman and Justice MR Anitha observed and slated the matter for further hearing on May 18.
The court also sought a statement from the Central government on the privacy safeguards of the application and asked the Centre whether it can guarantee that the information of the users will not be misused.
The counsel of the Central government said that they will place a statement on record.
"A privacy protocol has been developed. It (Aarogya Setu app) has been recognized as the best app in the world fighting COVID-19 right now. Around 130 COVID-19 hotspots have been identified. Lakhs of people are downloading the app every day," the counsel said.
The court was hearing a petition, filed by Thrissur District Congress Committee General Secretary John Daniel through advocates Sriram Parakkat, KS Sripathi and Anupama Subramanian, seeking directions to quash the directives terming them as unconstitutional and restrain the authorities from resorting to coercive action for enforcing its mandatory use.
The plea said that autonomy guaranteed by the Constitution of India grants individual freedom not to take part in activities he does not approve of and added that the use of penal law to enforce the use of an app is arbitrary and unconstitutional.
"Arogya Setu takes away the right of a person to decide and control the use of the information pertaining to him. He is forced to give away data to a system which he may or may not approve of, thereby attacking his right of informational autonomy," it said.
