Delhi High Court Upholds Government’s Temporary Ban on Telegram
The Delhi High Court has upheld the Central Government’s decision to temporarily ban the messaging service Telegram until June 22, just ahead of the National Eligibility cum Entrance Test undergraduate (NEET-UG) re-examinations. Justice Tejas Karia delivered the ruling, affirming the government’s power under Section 69A of the Information Technology Act, 2000, to block access to the platform.
In its judgment, the court stated, “R1 (Government) was empowered under Section 69A to direct blocking of access to Telegram. Test of proportionality is satisfied… The government’s measures are least restrictive. It cannot be held that the order is disproportionate.” This decision came as a blow to Telegram, which had contested the ban, arguing it was discriminatory and violated Article 14 of the Indian Constitution.
Government’s Concerns Over NEET-UG Exam Integrity
The temporary ban was prompted by fears that Telegram was being exploited by organized cheating networks during the NEET-UG examinations. Following allegations of widespread paper leaks and irregularities, the Ministry of Electronics and Information Technology (MEITY) issued a directive under Section 69A to restrict access to the platform. Additionally, Telegram was instructed to disable its message-editing feature until June 30.
Telegram’s Legal Challenge and Government’s Defense
Telegram’s legal team, represented by Senior Advocate Dhruv Mehta, argued that the government’s order lacked due consideration and targeted Telegram unfairly while allowing other social media platforms to operate without restrictions. Mehta highlighted Telegram’s proactive measures, including removing flagged content within an hour and deploying AI and manual moderation to curb violations.
However, the government’s legal representatives, including Solicitor General Tushar Mehta and Attorney General R Venkataramani, defended the order as a necessary and proportionate response to prevent potential harm. SG Mehta noted, “The government’s actions are the least restrictive measure to curb paper leaks, thus satisfying the test of proportionality.”
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AG Venkataramani further characterized the platform as a “Frankenstein” due to its architecture, expressing the need for preventive action to maintain exam integrity. The court concluded that the government’s orders were well-reasoned and did not demonstrate non-application of mind.
This decision underscores the court’s recognition of the government’s authority to take preventive measures in the face of potential threats to examination integrity. The temporary ban remains in effect until June 22, with the court dismissing Telegram’s petition challenging the government’s order.
