Objective:
To seek judicial intervention for quashing the Direction issued by the Department of Telecommunications (DoT) under the Telecommunications (Telecom Cyber Security) Rules, 2024, mandating the compulsory pre-installation of the Sanchar Saathi mobile application on all mobile handsets manufactured or imported for use in India.

Grounds:
•     Violation of Fundamental Right to Privacy: The Direction imposes a permanent, non-removable application with elevated privileges on every smartphone, amounting to a disproportionate intrusion into the right to privacy guaranteed under Article 21 of the Constitution and reaffirmed in K.S. Puttaswamy v. Union of India (2017).
•     Failure of Proportionality Test: While curbing IMEI fraud is a legitimate aim, less intrusive alternatives already exist (web portal, SMS-based KYM, USSD codes). The mandated app is excessive, unnecessary, and structurally hostile to user autonomy.
•     Absence of Legislative Basis: The Direction is an executive order under delegated legislation, not a law passed by Parliament. It lacks the legality required to justify infringement of fundamental rights.
•     Risk of Function Creep: The vague invocation of “telecom cyber security” allows indefinite expansion of the app’s scope, enabling surveillance functions such as client-side scanning, monitoring VPN usage, or accessing SMS logs, without statutory safeguards.
•     Threat to Digital Autonomy: By embedding a state-controlled application at the system level, the Direction undermines user control over personal devices, setting a precedent for forced client-side scanning across all smartphones in India.

Relief Sought:
•     Quashing of the Direction mandating compulsory pre-installation of Sanchar Saathi.
•     Declaration that such forced installation violates Articles 21 and 19(1)(a) of the Constitution.
•     Directions to the DoT to adopt proportionate, transparent, and rights-respecting measures to address IMEI fraud and telecom security.

Source: Internet Freedom Foundation (X Account)