Delhi HC Allows Withdrawal of Plea Against Internet Shutdown During Jantar Mantar Protests

Delhi HC Allows Withdrawal of Plea Against Internet Shutdown During Jantar Mantar Protests

The Delhi High Court on Monday allowed the withdrawal of a public interest litigation (PIL) that challenged the suspension of mobile internet services in parts of Central Delhi during the recent student protests at Jantar Mantar over alleged irregularities in the NEET examination.

A Division Bench led by Chief Justice Devendra Kumar Upadhyaya permitted the petitioner to withdraw the case after its counsel made an oral request before the Court.

The development comes after the student protests at Jantar Mantar were called off.

The PIL was filed by the Software Freedom Law Center, India (SFLC.in), challenging four orders issued by the Union Ministry of Home Affairs on July 17, 20, 22 and 23. These orders directed the temporary suspension of mobile internet services in and around Jantar Mantar during the protests.

The petition argued that the internet shutdown orders were unconstitutional, disproportionate and violated the legal safeguards governing suspension of telecom services.

According to SFLC.in, the orders merely referred to "public emergency" and "public safety" without providing any objective reasons or material to justify the restrictions.

The organisation contended that the government failed to show why the internet shutdown was necessary or proportionate, or whether less restrictive alternatives had been considered, as required under Section 20(2)(b) of the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024.

The petition also argued that the government did not publish the suspension orders, making it difficult for affected persons to challenge them. It said this was contrary to the Supreme Court's ruling in Anuradha Bhasin v. Union of India, which stressed transparency in internet suspension orders.

SFLC.in had sought to quash the shutdown orders and asked the Court to direct the authorities to produce the original records, including file notings, intelligence inputs and the proceedings of the Review Committee.

It had also requested directions requiring all future internet suspension orders to be published before or at the time they come into effect.

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