CJP protest: Plea filed in Delhi HC against internet suspension

New DelhiA legal service organisation, Software Freedom of Law Centre (SFLC), moved the Delhi High Court on Friday against the Centre’s decision to suspend internet services in parts of central Delhi during an ongoing protest by the Cockroach Janta Party (CJP) over education system reforms

New Delhi

Although a bench of chief justice DK Upadhyaya and justice Tejas Karia in the morning agreed to urgently hear the petition, the same could not be listed due to the failure to remove objections. (Representative photo)

A legal service organisation, Software Freedom of Law Centre (SFLC), moved the Delhi High Court on Friday against the Centre’s decision to suspend internet services in parts of central Delhi during an ongoing protest by the Cockroach Janta Party (CJP) over education system reforms.

Although a bench of chief justice DK Upadhyaya and justice Tejas Karia in the morning agreed to urgently hear the petition, the same could not be listed due to the failure to remove objections.

In its petition, the SFLC sought to set aside the Centre’s orders on July 17, 20, 22 and 23, directing telecom service providers to suspend internet services in areas within a 1.5-kilometre radius of Jantar Mantar.

The orders, to be sure, were issued under the Telecommunications (Temporary Suspension of Services) Rules, 2024, with the government stating that the suspension was necessary in the interest of public safety and to avert a public emergency. It said the measure was aimed at maintaining public order and preventing the incitement of offences. As per Thursday’s order, the suspension was extended until midnight of Friday.

The petition contended that between July 17 and July 23, the authorities issued six separate orders suspending mobile internet services in and around Jantar Mantar. It alleged that the orders merely reproduced identical statutory language without disclosing any objective fact to establish the existence of a “public emergency” or explaining why a blanket suspension of mobile internet services was necessary and proportionate to the alleged threat.

The petition contended that the authorities failed to consider whether the stated objectives could have been achieved through less restrictive measures.

“Impugned Orders fail to satisfy the constitutional requirement of reasoned administrative decision-making... fail to demonstrate compliance with the doctrine of proportionality. Proportionality is not satisfied merely because the suspension was confined to a specific radius or duration. To satisfy proportionality, the constitutional enquiry is whether suspension of mobile internet services was necessary at all, and whether the same objective could have been achieved by less restrictive means,” the petition read.

The internet shutdown order was issued for the second time on Monday, when tens of thousands of agitators marched to Parliament demanding Pradhan’s resignation. The protesters toppled barricades and moved closer, prompting the sealing of the Parliament complex gates.

Service providers were again directed to temporarily suspend internet services after brief clashes on Wednesday between protesters and security personnel. Users in the affected areas received alerts to this effect.