The Union Home Secretary has tendered an unconditional apology before the Supreme Court over the temporary suspension of cellular internet services in parts of New Delhi during the protests demanding the resignation of Chief Election Commissioner Gyanesh Kumar, while maintaining that the restriction was necessary to preserve public order.
In an affidavit filed in response to contempt proceedings, Union Home Secretary Govind Mohan has denied any wilful or deliberate disobedience of the Court’s directions. He has submitted that the suspension, imposed for 24 hours within a four-kilometre radius of Raisina Hill, was a proportionate response to the prevailing circumstances.
The affidavit responds to a contempt petition filed by advocate Shailendra Mani Tripathi against Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) Chairperson D. Thara over alleged non-compliance with the Supreme Court’s directions concerning restrictions imposed during the protests.
According to the affidavit, the cellular internet shutdown was one of the measures adopted to maintain peace and prevent a disturbance of public order in the national capital.
The Home Secretary has stated that the decision followed a request from the Delhi Police for suspension of cellular internet services until 10 PM on October 10. The proposal was examined under the applicable legal framework and was considered proportionate in view of the scale of the anticipated situation and the need to avert possible public disorder.
The affidavit also refers to the proposed demonstration by an organisation that allegedly intended to hold a protest without the requisite permission, despite the authorities having declined permission. The government has relied on the Supreme Court’s ruling in Mazdoor Kisan Shakti Sangathan v. Union of India (2018) 17 SCC 324, as well as the Delhi Police’s experience of a similar situation on July 20, 2026, to explain the preventive measures.
Clarifying the extent of the restriction, Mohan has stated that cellular internet services were suspended from 10 PM on October 9 to 10 PM on October 10 in the specified area around Raisina Hill.
The affidavit emphasises that the measure did not extend to non-cellular internet connectivity, including Wi-Fi and broadband services, or to other telecommunication services.
The Union has argued that a temporary suspension of internet connectivity within a defined geographical area, when supported by statutory safeguards and justified by the circumstances, can be considered a lawful instrument for maintaining public order.
The affidavit has been filed against the backdrop of the Supreme Court’s October 11 order directing that internet facilities remain uninterrupted, alongside directions concerning public transport, freedom of movement and the treatment of protesters.
The Court had issued contempt notices to the Union Home Secretary, Delhi Police Commissioner and DMRC Chairperson over allegations that the authorities had failed to comply with its earlier directions issued in connection with the protests.
While seeking discharge of the contempt notice, Mohan has maintained that the temporary restriction was neither intended to undermine judicial authority nor imposed in deliberate disregard of the Court’s directions. He has accordingly tendered an unconditional and unqualified apology.
The Home Secretary has also requested the Supreme Court to modify its October 11 order to the extent necessary to permit internet services to be suspended in future situations where such action becomes necessary, provided that the decision strictly complies with the law and applicable statutory requirements and safeguards.
The request places before the Court the question of how preventive measures adopted to maintain public order must be reconciled with judicial directions protecting access to communication and the exercise of constitutional freedoms.
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