Delhi HC reserves verdict on Telegram ban over NEET ‘paper leak’ fears: ‘How can we stop the rights of 150 million’
The Delhi High Court reserved its verdict on a plea by Telegram against the Centre's move to temporarily ban the messaging app ahead of the
The Delhi High Court reserved its verdict on a plea by Telegram against the Centre's move to temporarily ban the messaging app ahead of the June 21 NEET-UG re-examination. A vacation bench headed by Justice Tejas Karia reserved the order after hearing arguments from senior advocate Dhruv Mehta, appearing for the appellant, and Attorney General R Venkataramani and Solicitor General Tushar Mehta, who represented the Centre. During the hearing on Thursday (June 18), Justice Tejas Karia asked counsel for the central government, as per Bar and Bench, “How can we stop the rights of 150 million people just because one set of citizens are appearing in examinations?” The judge asked both parties to submit written submissions by 7 pm. In its writ petition, Telegram argues that the government has singled it out while other social media intermediaries continue to operate without restriction, violating Article 14 of the Constitution of India. ‘Information can be blocked, not the entire platform’ The Delhi High Court bench asked Senior Advocate Dhruv Mehta, appearing for Telegram, "Just to understand your argument, you are questioning the nature of the power here by saying it's not an emergency.
Second, you are saying information can be blocked, not the entire platform and third is application of mind by the Secretary and proportionality?" As per Live Law, the court told Telegram, “…you have to perform due dilligence under Section 79 IT Act as you are an intermediary. 79 is an independent obligation, nothing to do with 69A IT act...” Section 79 provides “exemption from liability of intermediary in certain cases.” It stated that “an intermediary shall not be liable for any third party information, data, or communication link made available or hosted by him.” ‘Violating the fundamental rights of the users’ The Delhi High Court then focused on the government's powers under Section 69A of the Information Technology Act, under which the blocking order was issued. “...whether they have exercised the power appropriately and whether there is proportionality. Also, is it violating the fundamental rights of the users? You say you have 150 million users,” the court observed, as per Bar and Bench.
“69A order need not be a detailed order so long as material backs it. You are focusing more on procedure, non-application of the mind. Natural justice is fundamental. It cant be sole basis of challenge. There must be more. Let us meet that,” the court added, as per Live Law. The Bench later observed, “See, we are all alive to what happened. There were so many students who were affected. The second aspect is — to curb that one incident, can you block the entire platform?” “See, there is a power [under Section 69A]. That power can be exercised, to what extent can it be exercised that is the question...Let us hear the government. They have to justify it. If they don't justify, then it is in your favour; if they do, then you address in rejoinder,” the court said. Justice Karia also said that being a significant social media intermediary under the IT Rules, Telegram has additional responsibilities.
The BriefWire