Centre Says Oct 10 Delhi Internet Shutdown Was Proportionate, Seeks Relief In Contempt Case

The Centre told the Supreme Court it did not wilfully violate the court’s October 9 order and asked it to drop contempt notices tied to a 24-hour mobile internet shutdown around the October 10 Delhi protest. News18 reported that the affidavit, filed late on Wednesday night, said Delhi Police had requested the suspension to avert a potential law-and-order situation.

Union Home Minister Govind Mohan also filed an unconditional apology in the affidavit he submitted in response to the contempt notices. He asked the court to drop the notice issued against him. The Centre stated that it shut down cellular internet from 10 pm on October 9 to 10 pm on October 10 within a 4 km radius of Raisina Hills.

The affidavit stated that the restriction was narrow in scope and imposed because of public-order concerns during the planned protest. It stated that the shutdown was needed to prevent disturbance and keep peace in the national capital. It also stated that suspending internet services for a short period in a clearly defined area, backed by statutory safeguards, is a recognised measure for maintaining public order in appropriate circumstances.

Internet Shutdown Details

“The suspension was confined to cellular internet services and did not extend to non-cellular internet services or telecommunication services such as wi-fi and broadband,” Mohan stated in his four-page affidavit. The suspension stayed in force from 10:00 PM on October 9 to 10:00 PM on October 10 and covered a 4-km radius.

Mohan stated that Delhi Police had asked for the shutdown and that the request “was found to be a proportionate measure, having regard to the magnitude of the situation and the need to prevent any disturbance of public order in the national capital.” The Centre informed the court that the temporary step was needed to prevent public-order disruption and preserve peace.

The home secretary also sought a modification of the Supreme Court’s October 11 order “to the extent necessary to permit the suspension of internet services in situations of necessity, strictly in accordance with law and subject to applicable statutory requirements and safeguards”. The Centre stated that the step was proportionate in view of the gravity of the situation.

Supreme Court Notices

The contempt case followed soon after.

On October 11, a day after Delhi Police foiled the protest, the Supreme Court issued contempt notices to the Home Secretary, the Delhi Police Commissioner and the DMRC chairperson for the alleged breach of its earlier order. Mohan’s affidavit was filed in response to that October 11 notice.

On the same day, the court said that “internet facilities should function unhindered”. The Centre’s latest filing seeks to respond to that direction while defending the shutdown as a lawful and limited measure.

Protest And Restrictions

It came against the backdrop of wide security restrictions across the national capital ahead of the October 10 demonstration called by the CJP. The party had planned a protest against the Election Commission of India and Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision of electoral rolls.

Delhi Police refused permission for the gathering, saying the organisers had given too little notice. On October 9, the Supreme Court stepped in over restrictions on public transport before the protest and directed that there should be no complete ban on the movement of Delhi Metro trains and other trains entering the national capital, while allowing services to be regulated where needed to maintain public order.

The court also said security arrangements should not cause undue hardship to the public and directed that decisions on transport operations be widely communicated so commuters could make necessary arrangements. A contempt petition was later filed alleging non-compliance with those directions.