In the plea, WhatsApp argued that Rule 4(2) violates fundamental rights to privacy and freedom of speech guaranteed by the Constitution, is ultra vires the Information Technology Act, and manifestly arbitrary in violation of Article 14 of the Constitution.
The plea highlighted that challenge to the IT Rules is already pending before various High Courts including the Delhi High Court where WhatsApp itself has challenged the same.
Hence, the Magistrate should not have issued the order, it was contended.
Further, it was claimed that even if the order were valid, it would still be unconstitutional and raise significant legal questions.
Source: Barandbench
