Breaking: Delhi HC dismisses challenge to order directing Indian Army personnel to delete social media accounts

The Delhi High Court today dismissed a petition challenging the order directing Indian Army personnel to delete accounts from social networking platforms like Facebook and Instagram (Lt Col PK Choudhary v. Union of India)..The order was pronounced by a Division Bench of Justices Rajiv Sahai Endlaw and Asha Menon in the petition preferred by Indian Army Officer, Lt Col PK Choudhary. .In his petition before the Court, Choudhary had submitted that he was an active user of Facebook and that he used the platform to connect with his friends and family when he was posted in remote locations..The petitioner contended that the ban on the use of social networking platforms violated his Fundamental Rights, including the right to freedom of speech and expression, and the right to privacy..Since the policy was not a law passed by virtue of Article 33 of the Constitution, the provisions under it could not be modified, it was said..Apart from a direction to the authorities to withdraw the ban, a declaration was also sought to the effect that the Director-General of Military Intelligence was not empowered under the Constitution or under any other law to modify, amend or abrogate the fundamental rights of the Armed Forces..In response, the Central Government relied on Rules 19, 20 and 21 of the Army Rules, 1950 which prohibited army persons from taking active part in any society, institution or organization not recognized as part of the armed forces etc, without prior sanction. .It was asserted that the impugned order was only clarificatory and the restrictions on the use of social media platforms were already present in view of the threat posed by use of certain social media platforms. .Indian Army Officer moves Delhi HC against direction to delete accounts from Facebook, Instagram; Delhi HC refuses to pass interim order.Last month, the Court had refused to grant interim relief to the petitioner, since the matter was related to the safety and security of the country..In its final order passed in the petition, the Court observed that impugned policy was not issued impulsively but was preceded by a prolonged study of different aspects and data and deliberations at the highest level. .The policy is an outcome of constantly evolving intelligence of security threats and the need to plug the gaps and meet the ever-threatening electronic and cyber infrastructure, the Court said. .The Court ultimately opined, .Even if there is any error in the respondents issuing the impugned policy and direction, without complying with the procedure prescribed in Section 21 of the Army Act, considering that the issue has an element of urgency and concerns the safety and security of the entire country, we do not deem it necessary to, for the grievance of the petitioner only, render an adjudication on the questions urged and which may require us to refer to the documents and materials shown to us in confidence.Delhi High Court.Referring to the decision of the Supreme Court in the context of procurement of Rafale Fighter Jets for Indian Air Force, the Court noted that in certain areas of governmental activity, where national security is the paradigm, the Courts would be incompetent to investigate beyond an initial decision as to whether the government’s claim is bonafide. ...if the government, after complete assessment, has concluded that permitting use of certain social networking websites by personnel of its defence forces is enabling the enemy countries to gain an edge, the Courts would be loath to interfere.Delhi High Court.The Court noted that it would have proceeded to answer the legal issues raised by the petitioner with respect Article 33 of the Constitution and Section 21 of the Army Act had it not been for other means of communication still available to the Petitioner. .The petition was accordingly dismissed. .The petitioner was represented by Senior Advocate PC Sen with Advocate Shivank Pratap Singh.ASG Chetan Sharma with Standing Counsel Ajay Digpaul appeared for Centre..Read the Order: