Delhi High Court rejects plea challenging internet shutdown in capital
Delhi High Court rejects plea challenging internet shutdown in capital
While declining to entertain the issue, the bench said the society or anyone affected by the prohibition of telecom services can file a suit for damages if they have suffered any loss due to the disruption. The Delhi High Court Tuesday rejected a plea challenging the shutting down of internet services in various parts of the capital during protests against the new citizenship law on December 19. A bench of Chief Justice D N Patel and Justice C Hari Shankar junked the petition after Additional Solicitor General (ASG) Sanjay Jain, appearing for the Centre, apprised the court that the disruption was only for four hours on December 19 and was no longer in effect. The ASG argued that no rules were violated in issuance of directions for prohibition of telecom services as contended by the petitioner society, Software Freedom Law Center (SFLC.in). While declining to entertain the issue, the bench said the society or anyone affected by the prohibition of telecom services can file a suit for damages if they have suffered any loss due to the disruption. “There is no reason to entertain the petition and interfere…,” it added. The petition contended that the order for prohibition of telecom services in Delhi was issued by a Deputy Commissioner of Police and not the Home Secretary, who is the competent authority to issue such a direction. SFLC.in, which claims to work for the promotion and protection of digital rights, said in its plea that the direction issued to prohibit telecom services in the city was violative of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017. It also argued that the order to suspend telecom service for reasons like preventing peaceful protests is not reasonable restrictions under the Constitution. Ens It also contended that the “right to access the internet is a part of the right to education and right to privacy”. “Thus, when students rely on the internet for accessing educational resources and when citizens rely on this medium for private communications, the shutdown of internet services will be violative of their fundamental rights to education and privacy,” the petition said.