New Delhi: Delhi High Court has justified the decision of the Central Government in an important case to Telegram. The court has upheld the temporary ban that the government had imposed on Telegram in view of the RE-NEET exam. In view of the examination to be held on June 21, the government had decided to ban the platform for five days. After hearing the matter, the High Court said that the government has followed proper procedure while using the powers given under the law.
While giving the verdict, Delhi High Court said that all the necessary procedures were followed in the order issued by the Central Government. According to the court, considering the sensitivity and emergency of the case, there were sufficient grounds for imposing the ban. The court also made it clear that the decision cannot be challenged on the basis of not being informed about the order in advance. The court acknowledged that the government had taken this decision after seriously studying the available facts and reports.
The High Court has upheld the five-day temporary ban imposed on Telegram. The court said that adequate deliberations have been done in the order and it cannot be considered a hasty decision. The court also said that there is no good reason to keep digital platforms like Telegram out of the scope of information. Therefore the government has the right to take action in this matter.
The court said in its order that the Information Technology Act (IT Act) gives the government the power to ban an entire platform or app in necessary circumstances. According to the court, if such a step is necessary to protect national interest, public order or a sensitive process like examination, then the government is legally capable of doing so.
During the hearing, the Central Government put forward many serious issues regarding Telegram before the court. The government claimed that the platform has at times been used for illegal activities and in some cases has been seen as a convenient medium for terrorist networks and other criminal activities. The government said that Telegram’s name has come up many times in exam- matters, so it was necessary to take this step as a precaution.
Telegram has been accused many times in the past of paper leak, circulation of fake question papers and spreading misinformation. It has also been claimed in various reports that cyber criminals and online fraud groups have been using this platform on a large scale. Although the direct role of the platform has not been proven every time in these cases, security agencies have been keeping an eye on its activities for a long time.
The Solicitor General told the court that before imposing the ban, representatives of Telegram were called and their side was also heard. His arguments and findings to the investigation were included in the record. It was also told by the government that the entire matter was reviewed by a high-level committee, which was headed by the Cabinet Secretary. The final decision was taken on the basis of the committee’s report.
Some special features of Telegram were also at the center of this controversy. A large number of people can be added to a group on the platform and large files can be easily shared and stored. Apart from this, in some cases the facility of creating an account with limited identification is also available. Experts believe that these features make the platform popular and also create administrative challenges in some circumstances.
Although Telegram and WhatsApp are both messaging apps, there are many differences in their functioning. Telegram stands out due to its large groups, channels, cloud storage and custom features. This is the reason why this platform attracts a large number of users. But due to this wide reach and facilities, sometimes it also comes under the scrutiny of government agencies and security experts.
