PIL challenging internet shutdown around Jantar Mantar withdrawn from Delhi High Court

The internet shutdown had been imposed amid student protests at Jantar Mantar, which were called off on July 25, Saturday.
Delhi High Court
Delhi High Court
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The public interest litigation (PIL) petition challenging orders suspending mobile internet services near Jantar Mantar amid students protests has been withdrawn from the Delhi High Court.

The development comes days after the protests seeking reforms in India’s education system were called off on July 25, Saturday, following the resignation of then-Education Minister Dharmendra Pradhan.

The plea filed by the Software Freedom Law Centre (SFLC) was listed today for hearing before the Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.

It had sought the quashing of six suspension orders issued by the Union Home Affairs Ministry (MHA) between July 17 and July 23, alleging they are unconstitutional and violate Articles 14, 19 and 21 of the Constitution. It has also sought directions mandating the publication of all future internet suspension orders.

According to the plea, the MHA ordered the suspension of mobile internet services within a 1.5-kilometre radius of Jantar Mantar by invoking Section 20(2)(b) of the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024.

However, the plea said that the orders merely reproduced the statutory phrases "public safety" and "public emergency" without disclosing objective material or explaining why a blanket internet shutdown was necessary.

The petition further contended that the authorities failed to consider less restrictive alternatives such as ordinary policing, crowd-control measures or targeted enforcement. It also alleged that the orders were issued by an under-secretary instead of the competent authority prescribed under the suspension rules.

However, the matter has now been withdrawn.

Senior Advocate Colin Gonsalves had represented the petitioner. The petition was filed through advocates Jayant Malik and Nishant Shokeen.

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