Union Home Secretary apologises to Supreme Court over Delhi protest curbs

Union Home Secretary Govind Mohan has tendered an unconditional and unqualified apology to the Supreme Court in a contempt proceeding regarding transport restrictions and communication curbs enforced during demonstrations in Delhi on October 10.

In a formal affidavit submitted to the top court, Mohan affirmed the government's respect for judicial directives while outlining the administrative measures taken to maintain public order in the national capital. Alongside his apology, the Home Secretary urged the court to modify an interim order issued on October 11 to ensure law enforcement agencies retain the lawful ability to impose narrowly tailored internet suspensions during public-order emergencies.

Why the Supreme Court issued contempt notices

The contempt case stems from protests called by the Cockroach Janta Party on October 10 demanding the resignation of Chief Election Commissioner Gyanesh Kumar. Ahead of the gathering, the Supreme Court had instructed authorities to ensure that Delhi Metro and railway services were not subjected to a total shutdown.

On October 11, a bench headed by Chief Justice Surya Kant and Justice Joymalya Bagchi held that petitioners had established a prima facie case of non-compliance. The bench issued contempt notices to Mohan, Delhi Police Commissioner Anurag Kumar, and Delhi Metro Rail Corporation Chairperson D Thara.

Responding to the notices, Mohan placed on record an unreserved apology while explaining the operational realities and calibrated steps undertaken to protect public safety and prevent disruption across central Delhi.

Targeted measures to preserve public order

In his affidavit, Mohan stated that Delhi Police had requested a temporary suspension of mobile internet services to manage the security situation on October 10. The Ministry of Home Affairs reviewed and approved the request strictly within the bounds of existing statutory provisions.

"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 submitted.

Mohan clarified that the temporary suspension was tightly confined in scope and duration:

• Duration: 24 hours, from 10:00 pm on October 9 to 10:00 pm on October 10.
• Geographic area: Restricted to a four-kilometre radius around Raisina Hill.
• Services affected: Limited strictly to cellular internet data, leaving fixed-line broadband and Wi-Fi networks operational throughout.

Request for modified legal framework

Addressing the broader demands of urban governance and security, Mohan submitted that temporary, local data restrictions remain an internationally recognised administrative mechanism for preventing large-scale unrest.

"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," the Home Secretary said in the affidavit.

He asked the bench to modify its October 11 order "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."

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi is scheduled to consider the affidavit during its hearing on Thursday.