The Delhi High Court has sought a response from the Central government regarding a petition by Telegram, which is challenging a temporary ban on its operations in India. This ban is in place until June 22 and is linked to the rescheduled National Eligibility cum Entrance Test Undergraduate (NEET-UG) exams. Justice Tejas Karia, presiding over the matter, stated, “Issue notice. Notice is accepted. We have heard the learned Senior Counsel for the petitioner as also learned SG Tushar Mehta. Respondents are at liberty to file their reply along with all the documents.” The court will reconvene to hear the case at 2:30 PM tomorrow.
Representing the Central government, Solicitor General (SG) Tushar Mehta detailed the government’s stance, emphasizing the legal framework under Section 69A of the IT Act. “This order is under Section 69A. The post-decisional hearing happened today, and an order is likely to be passed soon. I need to file my reply, which I will do by 8 AM tomorrow,” SG Mehta explained. Highlighting the misuse of Telegram, he added, “I need to show individual information and user IDs. Despite repeated warnings and examples provided, Telegram failed to address the issues. There are numerous channels offering leaked exam content for a price, which is ongoing.”
Senior Advocate Dhruv Mehta, representing Telegram, argued against the government’s decision, stating, “The impugned order reflects a complete non-application of mind. The exercise initiated by the Ministry from June 1 involved meetings and correspondence from both sides. We implemented the list of flagged channels provided to us. However, these communications are absent from the government’s order.” He further contended that the law allows for blocking specific content rather than an entire platform. “This order is too broad. Just because some aspects are problematic, you cannot block the whole platform. Should I suffer because of certain channels? Internet service providers have entirely blocked access to my platform,” Advocate Mehta argued.
SG Mehta countered by stating, “The government has substantial material. This platform is being used for reasons we have documented since May. We shudder to think of public unrest if this continues.” Justice Karia inquired about the extent of illegal activity on the platform, prompting SG Mehta to emphasize the risks associated with uncontrolled use.
Telegram’s petition claims that the government has unfairly targeted the platform, violating Article 14 of the Indian Constitution, as other social media platforms continue to operate unrestricted. The petition argues, “The impugned order is based on the impermissible premise that misuse by a few justifies blocking an entire platform. If upheld, this could lead to indiscriminate suspension of digital platforms, undermining constitutional protections of free speech and information access.” Telegram asserts that it engaged with government agencies from May onwards, providing detailed responses and removing flagged content swiftly.
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The Ministry of Electronics and Information Technology (MEITY) issued the temporary ban under Section 69A, citing the use of Telegram for organized cheating associated with the NEET-UG controversy. The ban follows the cancellation of the original NEET exam due to alleged paper leaks. MEITY also directed Telegram to disable message-editing features until June 30 to prevent manipulation. The government maintains these measures are crucial to safeguarding the integrity of the re-exams on June 21.
Advocate Madhav Khosla filed Telegram’s writ petition. SG Mehta, alongside Additional Solicitor General Chetan Sharma and Central Government Standing Counsel Ashish Dixit, represented the Central government in this matter.
