'Proportionate Measure': Union Home Secy Defends Before Supreme Court Mobile Internet Suspension During Delhi Protests
The Union seeks modification of Court's order to allow suspension of internet services in future if necessary, in accordance with law and safeguards.
In the Delhi Protest matter, the Union Home Secretary has filed an affidavit before the Supreme Court seeking discharge of contempt notice and stating that only cellular internet services were suspended from October 9 to October 10 considering the situation and the same were found to be a "proportionate measure".
The affidavit has been filed in response to a contempt plea by Advocate Shailendra Mani Tripathi against Union Home Secretary Govind Mohan IAS, Delhi Police Commissioner Anurag Kumar IPS and Delhi Metro Rail Corporation (DMRC) Chairperson D Thara IAS for allegedly willfully disobeying the Court's directions.
It states that the notification issued on October 9 was one of the measures undertaken to achieve the objective of maintaining peace and tranquility and preventing any disturbance of public order. "The measures were necessitated by the call given by an organization to hold a protest without obtaining the requisite permission and in defiance of the refusal of permission, contrary to law declared by this Hon'ble Court in the judgment of Mazdoor Kisan Shakti Sangathan v. Union of India and Ors. (2018) 17 SCC 324 and in light of the recent experience of the Delhi Police on 20.07.2026."
The affidavit mentions that a request for suspension of cellular internet service was received from the Delhi Police for 1 day, until 10 PM on October 10. "The said request was duly processed and considered in accordance with law and was found to be a proportionate measure, having regard to the magnitude of the situation and the need to prevent any disturbance of public order in the national capital."
The deponent, while tendering unconditional and unqualified apology, clarified that the internet services were suspended for one day from 10 PM on October 9 to 10 PM on October 10 in the area falling in 4 km radius of Raisina Hill. It is underlined that only cellular internet services remained suspended, not non-cellular internet services or telecommunication services such as WiFi and broadband.
While praying that the contempt notice may be discharged, he stated that there was no willful or deliberate non-compliance with any Court directions. "The suspension of internet services for a limited period and within a defined geographical area, subject to the applicable statutory safeguards, is a recognized measure that may be considered for maintaining public order in appropriate circumstances", he said.
The deponent further seeks modification of the Court's October 11 order to allow the suspension of internet services in situations of necessity, strictly in accordance with law and subject to the applicable statutory requirements and safeguards.