Bengaluru: The high court Friday reserved its judgment on a petition seeking a direction to the Central govt to ban Proton Mail, a Swiss end-to-end encrypted email service, in India.
The counsel for petitioner — M Moser Design Associates India Pvt Ltd, a firm specialising in architecture and interior design for workplaces — submitted that Proton Mail’s servers operate outside India while claiming immunity from Indian legislation. The court was told that Proton Mail was misused and senior female staff of the petitioner firm were targeted with inappropriate content, including AI-generated images, and the same was also distributed to staff and business contacts of the petitioner, causing significant harm.
Despite an FIR registered on Nov 9, 2024, inadequate police investigation prompted the company to seek the magistrate’s intervention. Police reports revealed insufficient progress and unused Indo-Swiss legal assistance channels, the counsel added. Users can select Indian server locations, creating an illusion of domestic access. The service has been linked to school bomb threats in India. Countries like Russia and Saudi Arabia have banned Proton Mail, identifying it as a security risk, he submitted.
Appearing for the Central govt, additional solicitor general Aravind Kamath explained the existing mutual assistance agreement between India and Switzerland. The criminal courts can issue letters rogatory for information requests, he added.
Reserving the judgment, Justice M Nagaprasanna said the petitioner is aiding the Central govt in the matter. “It is a serious issue, and we will pass orders,” he added.
The petitioner has prayed the court to issue a direction to police to gather sender information through Indo-Swiss mutual assistance frameworks within specific timeframes. In addition, a direction is also sought for immediate police action to obtain letters rogatory through the magistrate to Switzerland’s Federal Office of Justice for comprehensive information about the email sender.