Union home secretary tenders unconditional apology to SC in contempt case

Union Home Secretary Govind Mohan has tendered an unconditional and unqualified apology to the Supreme Court in a contempt case over the alleged violation of the apex court's direction to ensure no “complete prohibition” on Metro and train services in Delhi in the wake of the 10 October protest called by the Cockroach Janta Party.

In an affidavit filed in the top court, Mohan said a request was received from Delhi Police to suspend cellular internet services for one day, until 10pm on 10 October.

“The request was duly processed and considered in accordance with law and was found to be a proportionate measure, having regard to the magnitude of the situation and the need to prevent any disturbance of public order in the national capital,” Mohan said.

The home secretary said that cellular internet services were suspended from 10pm on 9 October until 10pm on 10 October within a radius of 4 km of Raisina Hill.

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He clarified that the suspension was confined to cellular internet services, and did not extend to non-cellular internet services or telecommunication services such as Wi-Fi or broadband.

“I state and submit that the suspension of internet services for a limited period and within a defined geographical area, subject to the applicable statutory safeguards, is a recognised measure that may be considered for maintaining public order in appropriate circumstances,” he said.

“I therefore respectfully pray that this court may be pleased to modify its order dated 11 October to the extent necessary to permit the suspension of internet services in situations of necessity, strictly in accordance with law and subject to the applicable statutory requirements and safeguards,” he said.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi is scheduled to hear the matter on Thursday.

On 11 October, the apex court said that contempt petitioners, who have alleged violations of the court's direction to ensure no complete prohibition on Metro and train services in Delhi due to the protest, have made out a “prima facie” case.

The bench had issued notices to Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation Chairperson D Thara.

The CJP had given the protest call on 10 October to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged electoral irregularities.