“If It’s Harmful, Don’t Use It”: Delhi High Court on AI Privacy.

Parth Bajaj

On February 25, 2025 the Delhi High Court declined an urgent hearing on a Public Interest Litigation (PIL) seeking to block the Chinese AI platform DeepSeek in India

The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela, while refusing to advance the hearing, observed that users are free to avoid the platform if they find it harmful. “Don’t use it if it is so harmful. Is it compulsory for you to use it? There is no ground for seeking urgent hearing,” Justice Upadhyaya remarked.

The PIL has raised concerns about DeepSeek’s impact on privacy and security and sought government guidelines to block similar AI tools in order to make internet safer. On February 12, the Court had directed the Union government’s counsel to seek instructions. The case was scheduled for February 20 but was postponed due to time constraints, with the next hearing set for April 16. 

Seeking a priority hearing, the petitioner argued that the matter was “a little bit sensitive.” However, the Court dismissed the urgency, stating that similar AI platforms have been available in India for a long time.

“How is it sensitive? Such applications in other names are available in India. It’s not only DeepSeek. There are other platforms also. They have been accessible for a long time,” the Court noted. When the petitioner’s counsel argued that DeepSeek remains publicly accessible, the Court responded, “Yes, it is available … so many things are available on the internet for the entire world to access.”

Rejecting the request for an early hearing, the Court ruled, “No case for early hearing is made out. The application is rejected.” The matter will now be heard on its scheduled date, April 16.

Case  Name: Bhavna Sharma v. Union of India & Ors.

Case Number: W.P.(C) 1762/2025

Bench: Chief Justice Devendra Kumar UpadhyayaJustice Tushar Rao Gedela