The order has to be looked into by looking into reply: Court
Ban is effective immediately. One hour: Senior Counsel
Mehta: I will justify emergency powers by facts and figures. Your lordships will be shocked.
Senior Counsel: If this interim direction is ultra vires the statute, final order will suffer same consequence. Should i be prejudiced with such blanket ban? Let me show the documents.
Senior counsel for Telegram refers to Rule 9: They have blocked the platform completely. You need to block particular information. This is overbroad order. You don’t completely block the platform.
Senior counsel takes the court through Central Government’s order to temporarily ban Telegram.
Mehta: Overnight nothing is going to happen. There is something shocking i need to show.
Senior counsel: The order records complaint of NTA. On the basis of complaint, designated officer looks into matter and material and has to come to conclusion and then has to give recommendation. The designated officer says that we have done nothing to block channels or groups. The minutes of meetings and communication by ministry and action taken by platform, not whisper in the order.
Senior counsel for Telegram: Rule 9 talks of emergency exercise of power and giving an opportunity. 69A power has been exercised, it has to be satisfaction of secretary. The action is ultra vires Rules itself. Complete non application of mind. This order exercise is started by ministry on June 1. There have been meetings. Minutes recorded. They supply this to me various channels to be blocked. I implemented that. No whisper in order about actions taken.
Mehta: One channel starts it is prohibited and then another is started. And QR code you make payment you will receive payment. This is continuous.
Mehta: If it can be kept tomorrow. I can file my reply tomorrow morning.
Court asks when is exam starting. Mehta responds June 21.
Mehta: There is host of material i would like your lordships to see.
Complete application, is it proportionate? Court
I will show individual user ids. They were repeatedly called and that you please correct your system. They failed to do: Mehta
Mehta: This is an order passed under Sec 69A of IT Act. Today post decisional hearing was given. Their representative came. Nodal agency came and order is to be passed today. I need to put in reply because they have not brought things on record. I can do that by tomorrow morning.
Matter taken up. Hearing commences.
SGI Tushar Mehta appearing on VC, along with ASG Chetan Sharma and CGSC Ashish Dixit.