The Delhi High Court on Monday permitted the withdrawal of a public interest litigation challenging the suspension of mobile internet services in parts of Central Delhi during student protest at Jantar Mantar, over alleged irregularities in the conduct of the NEET examination.

A division bench headed by Chief Justice Devendra Kumar Upadhyaya allowed the withdrawal after the counsel for the petitioner made the mentioning.

The development comes on heels of protests being called off.

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

The petition contended that the shutdown orders are unconstitutional, disproportionate and violative of statutory safeguards governing internet suspension.

According to the petition, the impugned orders merely reproduced the statutory expressions “public emergency” and “public safety” without disclosing any objective material to justify the suspension.

It argued that the orders failed to demonstrate necessity, proportionality or consideration of less restrictive alternatives, as mandated under Section 20(2)(b) of the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024.

SILF submitted that the absence of publication of the orders prevents affected persons from effectively challenging restrictions, thereby undermining the Supreme Court's ruling in Anuradha Bhasin v. Union of India.

The plea sought quashing of the impugned shutdown orders as well as production of the original records including file notings, intelligence inputs and Review Committee proceedings.

It also sought directions mandating that all future internet suspension orders be published before or simultaneously with their enforcement.

Title: SFLC.in (SOFTWARE FREEDOM LAW CENTER, INDIA) v. GOVERNMENT OF NCT OF DELHI & ORS