New Delhi, June 18: The Delhi High Court has reserved its judgment regarding the temporary ban on the messaging platform Telegram, which was imposed prior to the National Eligibility cum Entrance Test (NEET). The hearing took place before a bench led by Justice Tejas Karia, following a petition filed by Telegram challenging the ban.
During the proceedings, Solicitor General Tushar Mehta informed the court that a review committee, chaired by the Cabinet Secretary, had listened to the arguments presented by Telegram’s officials and recorded their statements.
Telegram argued in court that the law does not permit such discrimination. The court responded, stating, “Telegram’s argument is straightforward: if the basis for the order is removed, the order itself cannot stand. We will consider the final order, so it is better to debate both aspects.”
The company criticized the central government’s order as legally flawed, asserting that the committee had unanimously recommended the confirmation of the interim directive.
Senior advocate Dhruv Mehta, representing Telegram, questioned, “Is this order in the interest of India’s integrity and sovereignty? Will an exam like NEET affect India’s sovereignty and integrity?” He further noted that numerous other activities, including business operations, continue on platforms like WhatsApp.
The court remarked, “We all know what happened. Many students were affected. The question is, can you block an entire platform to prevent one incident? There is a power under Section 69A that can be used, but how much of it can be exercised is the question.”
Tushar Mehta, representing the government, cited Telegram’s privacy policy, stating that all data, messages, and media would be deleted upon account deletion. He also mentioned that reports indicated Telegram is a preferred platform for terrorist activities, posing challenges due to its architectural design.
During the hearing, the court asked the government, “How can we restrict the rights of 150 million people just because some citizens are taking an exam? The question is whether you can impede one person’s rights to protect another’s.”
In response, Mehta argued, “When there is an internet ban in a state or part of it, only about 10 percent of people may be mischievous.”
The court added, “If there is a law and order situation, permission can be granted. Here, it is a matter of proportionality.”
Mehta argued that many groups and channels operate on this platform, which may not have equivalents on other platforms. He emphasized that this is a matter of public interest and that the feelings of students cannot be ignored.
He referenced a feature of Telegram, stating, “Telegram has a date and time editing feature. Suppose the exam ends on June 21, and someone posts the paper on Telegram on June 22, changing the date to June 18. This happened in 2024. The Anuradha Bhasin case indicated that a balance must be struck between potential harm and public damage. This is a matter of proportionality. If something happens on this platform, who will take responsibility?”
The Solicitor General stated, “Students are distressed, and that is understandable, but the credibility of a national-level exam has been severely compromised. The potential damage is significant, which is why I urge the court not to intervene at this stage. The sole aim is to prevent millions of students from being misled.”
The government maintained that its order is comprehensive. They described the platform as a “Frankenstein” due to its architecture. “If a country like ours cannot take preventive measures, where do we go? A platform created for profit cannot claim proportionality. This argument is entirely flawed. We have not acted against other intermediaries, which are more powerful, because they have their own filtration methods.”
The court concluded that it would review the procedure but expressed concern over whether the platform’s architecture was sufficient, necessitating the use of emergency powers. The Delhi High Court has reserved its decision on Telegram’s petition against the central government’s temporary ban ahead of the NEET exam.
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