Some of the Chinese companies whose apps have been banned by the government are considering whether to file a writ petition in an Indian court. Two people with direct knowledge of the matter say that these companies believe that the Indian government's decision to ban the app is arbitrary, discriminatory as well as a violation of Article 14 of the Constitution.
Some of the law firms representing them believe that if the Government of India does not reconsider the move, despite being assured of concerns about data localization and some amendments to the existing system, then they can approach the High Court.
These companies have started preparing the ground for fighting a legal battle against the Indian government. Apart from the violation of Article 14 of the Constitution, the move is a violation of the principles of natural justice as no hearing was held before the ban. A source with knowledge related to this case said, 'This step is like punishing more without any crime. In this petition, the future of foreign direct investment (FDI) of billions in infrastructure and many other areas can be asked.
He says that he has not been charged with any violation of any law, which led to the imposition of such severe restrictions. Usually, a show-cause notice must be issued to the company before a ban is imposed. He says that the ban orders are also without any basis or logic.
However, the legal team of these companies will first try to contact the Ministry of Information Technology. It may also discuss the general economic impact of the ban, the major contributors to India's economic development, new experiments, and the fulfillment of consumer demand. An official of a company affected by the move said, "Stopping the work of these apps will have a direct impact on India's economic and commercial expansion and will also be a major setback towards India's growing entrepreneurial spirit and new experiment."
These companies are referring to providing employment and livelihood to the people of India as well as providing revenue for the Government of India. She can ask the government to investigate the founder's background and the real motive associated with running these apps. They can also keep their interest uninterested in subjects like political participation etc. "We are ready to cooperate with the authorities and make changes as and when required," he says.
Interestingly, this move of the government will not affect their revenue. According to government sources, the income tax they receive is much lower as they continue to show losses, although they indirectly pay for advertising expenses.
A law firm, on the condition of anonymity, said, 'The government's move can be seen as a possible political response to recent geopolitical events. But with some of these apps in India providing a large number of jobs, as well as steps are being taken by these institutions to ensure data localization, the government's move may prove to be the opposite. '
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