Karnataka High Court Issues Notice On Proton Mail's Appeal Against Direction For Blocking Its Services In India

A division bench of Acting Chief Justice V Kameswar Rao and Justice C M Joshi issued notices to the Union Government, State government and M Moser Design Associates (India) Private Limited (the petitioner on whose plea the direction to block Proton was passed).

The single judge had asked the Centre to initiate proceedings against Proton under section 69A of the IT Act read with Rule 10 of the Information Technology (Procedure and Safeguard of blocking Access of Information by Public), on being told that several bomb threats to schools in India were sent using this email service.

“Till such proceedings are taken up and decided by the Union of India, the offending URLs shall be blocked forthwith,” it had ordered.

Advocate Manu Kulkarni appearing for Proton today argued that the company was fully cooperative and had blocked the offensive email IDs on being intimated. However, he added that no process was served on the company and no hearing was afforded, before passing of the impugned order. “I was not served under the law. Finding recorded in the order about being served was erroneous," he submitted.

To a query of the Court whether email service was done, Kulkarni responded, “I was communicated by email about the petition. Through process of Court I am not served.”

Additional Solicitor General Aravind Kamath informed the court that the petitioner had raised grievances about offensive emails and pictures of woman employees being morphed. "Our stand before the ld single judge was that if a complaint was received by the nodal officer or order of court, we will take action. As of now the email service is not blocked, we are conducting proceedings as per order of ld single judge."

Kulkarni then sought a direction of the Court to the Union of India not to precipitate further. “Let them not complete the Sec 69 IT Act proceedings. I have been heard and they have to now pass the order. Order can be issued to block my service, tomorrow morning if the order is passed nobody will be able to use the email service,” he urged.

The Court however posted the matter for Thursday (July 03) and meanwhile permitted Proton to serve the Respondents.

M Moser Design Associates had filed a police complaint in relation to alleged criminal and illegal usage of Proton Mail, by which its senior female employees were repeatedly targeted via offensive e-mails.

It had moved the High Court seeking a direction to police to collect all necessary information and documents pertaining to the sender of the offending email, through the mutual legal assistance arrangements between India and Switzerland in a time-bound manner.

Appearance: Advocate Manu Kulkarni for Appellant.

ASG Aravind Kamath for R3.

Case Title: ProtonAG And M MOSER DESIGN ASSOCIATES (INDIA) PVT LTD & Others

Case No: WA 995/2025