The application through Advocate Sachin Mittal and Gaurav Pathak was filed in the Supreme Court to direct the government to provide National Informatics Centre (NIC) approved or NIC-based infrastructure for video conferencing by Judiciary or government officials.
The application by KN Govindacharya also urged for amendment of the Supreme Court Rules of 2013 as well as the Rules of the High Courts including the safeguards for VC.
The application stated that while Supreme Court has been using Vidyo app, many High courts have been using Zoom app, impacting the national integrity and security and contravening the Public Records Act, 1993 and the Official Secrets Act, 1923.
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The application with regards to video conferencing further said:
“It is true that a unique situation requires unique solutions, but the same cannot be at the altar of Rule of Law. It is submitted that most of the Video Conferencing Software being used are products of foreign internet companies, with their terms of use mandating transfer of data outside India as well as its commercial exploitation. The transfer of data, which inevitably takes place as a result of use of foreign based video conferencing software, might assist, directly or indirectly, an enemy or might prejudicially affect the sovereignty and integrity of India, the security of the State or friendly relations with foreign States”.
Making a reference to the images of Cabinet meetings held through Zoom app, as well as those of the Defence Minister with the Chief of Defence Staff through the same app, it is stated that these pose a threat to national security as these meetings contain crucial and critical details.
Therefore, it would be ideal to use video-conferencing software provided by the National Informatics Centre (NIC) for the functioning of the Government and the Judiciary, the applicant submitted.
In the absence of technology available with the NIC, it is submitted that facilities provided by a private vendor may be used, but after being audited and vetted by the NIC.
