Delhi HC reserves verdict on Telegram ban over 'paper leak' fears of NEETs: 'How can we stop the rights of 150 crore'

The Delhi High Court has reserved its verdict on Telegram’s plea against the Centre’s move to temporarily ban the messaging app ahead of the June 21 re-examination of the NEET-UG.

A vacation bench headed by Justice Tejas Karia reserved the order after hearing arguments from senior advocate Dhruv Mehta, who appeared for the petitioner, and Solicitor General R Venkataramani and Solicitor General Tushar Mehta, who appeared for the Centre.

Read also | Delhi HC denies interim relief to Telegram against ban

During the hearing on Thursday (June 18), Justice Tejas Karia, according to the Bar and Bench, asked counsel for the central government: “How can we stop the rights of 150 million people just because one group of citizens appear for exams?

Quick answers to key questions

•5 QUESTIONS

The Delhi High Court reserved its verdict after hearing arguments from both Telegram and the Center regarding the temporary ban imposed to prevent misuse of the platform due to concerns over the leak of trial documents.

The Center imposed the ban under Section 69A of the Information Technology Act, which allows the government to order intermediaries to block access to online content on grounds of sovereignty, security and public order.

The NEET-UG review was scheduled due to the previous paper leak allegations, which led the Center to block Telegram to prevent the platform from being misused to circulate leaked examination materials.

Yes, Telegram users may be concerned because the ban temporarily restricts access for millions and raises issues regarding their fundamental rights and freedom of expression, as highlighted in the court case.

Telegram argued that the government imposed the ban without a valid basis, citing that other social media platforms continue to operate and that simply blocking access to Telegram penalizes legitimate users.

The judge asked both sides to submit written submissions by 7 p.m.

Earlier this month, the National Testing Agency (NTA), which conducts the NEET-UG examination, issued a three-page notice announcing the suspension of social media platform Telegram until June 22 and disabling the feature that allows users to edit sent messages until June 30.

The ban was imposed ahead of June 21, when millions of students will retake the NEET-UG exam after the test held in May was canceled due to alleged paper leaks, sparking a nationwide outcry.

In its writ petition, Telegram argues that the government has flagged it while other social media intermediaries continue to operate without restrictions, thereby violating Article 14 of the Indian Constitution.

“Information can be blocked, not the whole platform”

The Delhi High Court asked senior advocate Dhruv Mehta, appearing for Telegram: “To understand your argument, you are questioning the nature of the power here by saying that this is not an emergency. Secondly, you are saying that information can be blocked, not the entire platform, and thirdly, is the application of mind by the secretary and proportionality?”

Under Live Law, the court told Telegram: “… you have to do due diligence under s 79 of the IT Act because you are an intermediary. 79 is an independent duty that has nothing to do with 69A of the IT Act…”

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Section 79 provides “in certain cases exemption from liability of the intermediary”. It stated that “the intermediary is not responsible for any third party information, data or communication link that it makes available or hosts”.

“Violation of the fundamental rights of 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 exercised the power reasonably and whether there is proportionality. Does it also violate the fundamental rights of the users? You say you have 150 million users,” the court observed according to the Bar and Bench.

“Order 69 need not be a detailed order if the material supports it. You focus more on procedure, not application of mind. Natural justice is essential. It cannot be the only basis of challenge. There must be more. Let’s grant it,” the court added, according to Live Law.

Read also | Telegram ban ahead of NEET re-test will spark backlash, memes and online debate

The bench later remarked, “You see, we are all alive to what happened. There were so many students who were affected. The other aspect is – to curtail that one incident, can you block the entire platform?”

“You see, there is a power (under section 69A). That power can be exercised, to what extent it can be exercised, that is the question…Hear the government. They have to give reasons. If they do not give reasons, then it is in your favor; if they do, you will appeal,” the court said.

Justice Karia also said that as a major social media intermediary under IT rules, Telegram has additional obligations. he added

“The issue of the fundamental right to freedom of expression is about your users. The Karnataka High Court has ruled that you (the platform) do not have the fundamental right to freedom of speech.”

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Hypothetical situation

The court then proposed a hypothetical situation: “Suppose the paper leaks, by the time you get the order the damage is done. What is your proposal? How can it be dealt with?”

Read also | Re-NEET paper scam busted: Ahmedabad Cyber Police busts telegram-based scam

Mehta replied, “The issue is the spreading of the duck about the paper leak and money collection. The paper that is said to be on the platform is not the real paper.”

The court then asked, “How can one know until the trials take place?”

The court concluded the hearing by saying, “Arguments have been heard. Judgment reserved. Whatever either party wishes to submit, please submit by 7:00 p.m.”