Tuesday, 02 January 2024 12:17 GMT

Germany's Utimaco Says Delhi High Court Verdict In Cell Broadcast Case 'Does Not Do Justice'


(MENAFN- Live Mint) Germany's Utimaco Technologies expressed disappointment after the Delhi High Court dismissed its petition challenging the Indian government's decision to name the Centre for Development of Telematics (C-DOT) as the sole implementation agency for the country's emergency cell broadcast system, without a public tender.

“While we fully respect the court's decision, we are deeply disappointed by the verdict and believe that, despite the considerable efforts we have made throughout this process, the outcome does not do justice to our position,” Ronen Daniel, managing director Utimaco Technologies Ltd, said in response to Mint's queries over email.

Daniel said the company is awaiting the court's detailed order to evaluate its implications and determine the next steps.

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The emergency cell broadcast system allows authorities to send alerts simultaneously to mobile phones within a defined geographical area, making it possible to communicate warnings during natural disasters and other emergencies without having to send out individual text messages. It sounds a loud alarm on phones and also reads the warning text aloud.

While the case has been before the high court since 2024, it came up for an urgent hearing in May after the Centre launched a nationwide test of a multilingual cell broadcast system using C-DOT's technology on 2 May.“Dismissed the petition with some observations,” Justice Sachin Datta said while pronouncing the order on Monday.

Reliability questioned

Daniel also raised concerns over the operational reliability of the current cell broadcast system managed by C-DOT.“C-DOT's system has reportedly been halted for several months due to operational issues. We firmly believe that the people of India deserve a best-in-class public warning system, supported by an experienced and professional technology partner,” he added.

In June, the National Disaster Management Authority (NDMA) ordered a temporary suspension of C-DOT's cell broadcast service after authorities raised operational concerns.

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The dispute between Utimaco and the Centre relates to trials conducted for the cell broadcasting project since 2022. According to Utimaco's petition, the department of telecommunications had asked telecom operators to select implementation agencies for the rollout. Reliance Jio and Bharat Sanchar Nigam Ltd (BSNL ) conducted trials with C-DOT, while Bharti Airtel and Vodafone Idea tested Utimaco's platform, according to the petition.

In 2024, after recommending both C-DOT and Utimaco as vendors, the DoT asked telecom operators to integrate their systems with a single agency - C-DOT.

Utimaco had challenged the Centre's decision primarily on procurement and transparency grounds. The company argued that the government had bypassed the normal public tender process despite the availability of competing technology providers.

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The government had defended its decision to appoint C-DOT as the sole implementation agency, arguing that the emergency alert system was a strategic national asset involving public interest and national security, and that outsourcing it to a private entity could harm national interests.

Utimaco also disputed the government's subsequent reliance on national security as its justification for selecting C-DOT. It said that the government's argument on national security had“never (been) raised before the trial started”.

The NDMA and C-DOT first conducted a nationwide test of a multilingual cell broadcast system on 2 May. The test triggered loud alarms on millions of mobile devices simultaneously, temporarily interrupting calls across the country.

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