Introduction:
In SFLC.in (Software Freedom Law Center, India) v. Government of NCT of Delhi & Others, a Public Interest Litigation has been filed before the Delhi High Court challenging the suspension of mobile internet services in parts of Central Delhi during student protests over alleged irregularities in the NEET examination. The matter was mentioned for urgent hearing before a Division Bench headed by Chief Justice Devendra Kumar Upadhyaya. Although the Court permitted urgent listing, the petition could not be taken up because of procedural defects.
The petition questions the legality of a series of orders issued by the Union Ministry of Home Affairs on July 17, 20, 22 and 23 directing temporary suspension of mobile internet services in and around Jantar Mantar, where large-scale student protests were being held. According to the petitioner, the shutdown orders violate constitutional guarantees, fail to comply with the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024, and impose disproportionate restrictions on citizens’ fundamental rights.
The PIL raises significant constitutional questions concerning the balance between maintaining public order and protecting digital rights. It also seeks greater transparency and accountability in the exercise of executive powers relating to internet shutdowns, relying heavily on the principles laid down by the Supreme Court in Anuradha Bhasin v. Union of India.
Arguments of the Parties:
The petitioner, Software Freedom Law Center, India (SFLC.in), contends that the impugned internet shutdown orders are unconstitutional and legally unsustainable. It argues that the Ministry of Home Affairs merely reproduced the statutory expressions “public emergency” and “public safety” without disclosing any objective material or specific reasons demonstrating why suspension of mobile internet services was necessary.
According to the petitioner, Section 20(2)(b) of the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024 require authorities to satisfy the tests of legality, necessity and proportionality before directing an internet shutdown. The petition asserts that the impugned orders fail to disclose any consideration of less restrictive alternatives, making the restrictions arbitrary and disproportionate.
The petitioner further submits that the authorities did not publish the suspension orders, thereby preventing affected individuals from examining the reasons behind the restrictions or effectively challenging them before a court of law. It argues that such non-disclosure directly violates the principles laid down by the Supreme Court in Anuradha Bhasin v. Union of India, which recognised that internet suspension orders must be made publicly available to ensure transparency and meaningful judicial review.
The PIL also seeks production of the original governmental records, including file notings, intelligence inputs and proceedings of the Review Committee, so that the Court may independently examine whether the statutory requirements were actually satisfied before issuing the shutdown orders. Additionally, it seeks a direction requiring all future internet suspension orders to be published before, or simultaneously with, their implementation.
As the matter has not yet been heard on merits, no detailed response on behalf of the Union Government or other respondents has been recorded. The respondents are expected to justify the suspension orders by demonstrating that the restrictions were imposed in accordance with statutory provisions and were necessary to maintain public order and public safety during the protests.
Court’s Judgment:
The Delhi High Court has not yet adjudicated upon the merits of the challenge. When the matter was mentioned before the Division Bench headed by Chief Justice Devendra Kumar Upadhyaya, the Court accepted the request for urgent listing in view of the issues raised in the petition.
However, despite granting urgent listing, the petition could not be taken up for hearing because of procedural defects that prevented it from being listed before the Bench. Consequently, no notice has yet been issued, and the Court has not expressed any opinion regarding the legality or validity of the impugned internet shutdown orders.
The petition nevertheless raises important constitutional and statutory questions that are likely to receive detailed judicial scrutiny once the matter is formally heard. Central to the dispute is whether the executive authorities complied with the safeguards prescribed under the Telecommunications Act, 2023 and the Telecommunications (Temporary Suspension of Services) Rules, 2024 while directing suspension of mobile internet services.
The Court may also be required to examine whether the impugned orders satisfy the constitutional doctrine of proportionality, which requires restrictions on fundamental rights to pursue a legitimate objective, be necessary to achieve that objective and adopt the least restrictive means available. Another significant issue concerns whether the authorities complied with the transparency requirements recognised by the Supreme Court in Anuradha Bhasin v. Union of India, particularly the obligation to publish internet suspension orders to facilitate judicial review and public accountability.
The petition additionally raises questions regarding the scope of judicial review over executive decisions affecting access to digital communication. If entertained, the High Court may consider whether merely repeating statutory phrases such as “public emergency” and “public safety” is sufficient, or whether authorities must record concrete reasons supported by objective material before imposing internet restrictions.
Until the matter is heard on merits, the legality of the impugned shutdown orders remains undecided. The proceedings are expected to contribute significantly to the evolving jurisprudence on internet shutdowns, digital rights and constitutional limitations on executive power. The case may also provide further clarity regarding the implementation of the Telecommunications Act, 2023 and reinforce the standards governing restrictions on internet access in India.