Union Home Secretary Govind Mohan has tendered an unconditional and unqualified apology to the Supreme Court in a contempt case over the alleged violation of its directions on Metro and train services in Delhi during the October 10 protest called by the Cockroach Janta Party.
In an affidavit filed before the apex court, Mohan said Delhi Police had requested the suspension of cellular internet services for one day, until 10 pm on October 10. He said the request was examined in accordance with the law and considered proportionate given the situation and the need to maintain public order in the national capital.
“The request was duly processed and considered in accordance with law and 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,” Mohan said.
The home secretary said cellular internet services were suspended from 10 pm on October 9 until 10 pm on October 10 within a 4-km radius of Raisina Hill. He clarified that the restriction applied only to cellular internet services and did not cover non-cellular internet services or telecommunication services such as Wi-Fi and broadband.
“I state and submit that the suspension of internet services for a limited period and within a defined geographical area, subject to the applicable statutory safeguards, is a recognised measure that may be considered for maintaining public order in appropriate circumstances,” he said.
Mohan also urged the Supreme Court to modify its October 11 order to allow internet service suspensions in necessary situations, subject to the law and applicable safeguards.
“I therefore respectfully pray that this court may be pleased to modify its order dated October 11 to the extent necessary to permit the suspension of internet services in situations of necessity, strictly in accordance with law and subject to the applicable statutory requirements and safeguards,” he said.
Supreme Court to hear contempt case
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi is scheduled to hear the matter on Thursday.
On October 11, the Supreme Court said the contempt petitioners had established a “prima facie” case over allegations that its directions to ensure there was no “complete prohibition” on Metro and train services in Delhi during the protest had been violated.
The bench issued notices to Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation Chairperson D Thara.
The Cockroach Janta Party had called the October 10 protest to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged electoral irregularities.