"Ban Not Disproportionate": No Court Relief For Telegram Against Centre's Move

Citing the "emergency nature", the Delhi High Court on Friday upheld the ban on messenger app Telegram ahead of a retest of a nationwide medical college entrance examination, ruling that the "measures adopted by the Centre are least restrictive".

The National Eligibility Entrance Test, or NEET, is one of the country's most competitive exams, attracting more than two million aspiring doctors.

"After considering all the arguments, we find that given the emergency nature, the reasons supplied are sufficient and government has followed the procedure in Section 69A," the court said.

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The Section 69A of the Information Technology Act, 2020, gives the government the power to direct intermediaries to block access to online information under specified circumstances.

The court further ruled that both the original blocking order and the subsequent decision of the Review Committee were reasoned orders that reflected due application of mind by the authorities.

"The orders are well-founded and supported by reasons. The orders do not suffer from non-application of mind," the court said.

Rejecting Telegram's argument that the blocking order was disproportionate, the court accepted the Centre's stand that the temporary restriction was a narrowly tailored measure aimed at preventing misuse of the platform during the conduct of the NEET re-examination.

"The government's measures are least restrictive. It cannot be held that the order is disproportionate," the court said.

India blocked access to Telegram messenger on Tuesday ahead of NEET retest on Sunday, after a scandal last month over a question paper leak. The NEET exam was scrapped in May following allegations that the question paper was leaked in advance, including reports that it had been circulated through Telegram channels.

In the court, the Centre defended its decision to suspend access to Telegram till June 22, contending that the platform had become a key tool for organised cheating networks involved in the alleged leakage and circulation of NEET examination material. The government argued that the temporary restriction was necessary to preserve the integrity of the examination process and prevent further misuse of the platform.

Appearing for the Centre, Solicitor General Tushar Mehta submitted that the decision was neither arbitrary nor disproportionate and was taken after careful consideration of the available material. He argued that the challenge mounted by Telegram overlooked the larger public interest involved in protecting the sanctity of a nationwide examination attended by lakhs of students.

The Centre further informed the court that the blocking order had subsequently been reviewed by the Review Committee headed by the Cabinet Secretary, which found sufficient grounds to continue the temporary restriction. It asserted that all statutory safeguards under the Information Technology Act had been complied with before the order was issued. It also argued that the restriction was temporary in nature and tailored to address an imminent threat to the integrity of the examination process.

Senior Advocate Dhruv Mehta, appearing for Telegram, opposed the government's stand and argued that the blocking order imposed a blanket restriction on an entire communication platform used by millions of people. He submitted that the alleged conduct of certain users could not justify disabling access to the platform as a whole.

Telegram further contended that it had cooperated with law enforcement authorities and had acted against channels and groups found to be violating the law. The company argued that less restrictive alternatives were available and that the blocking order failed the constitutional test of proportionality.