In the wake of various reports concerning the exclusion of eligible voters from electoral rolls, the Cockroach Janta Party (“CJP”) has called for a peaceful protest to oppose the Special Intensive Revision (“SIR”) exercise and demand the resignation of the Chief Election Commissioner.
It has been reported that the Ministry of Home Affairs (“MHA”) has approved an order (in advance) to suspend that mobile internet services at around a radius of 4 kilometres from Janpath-Kartavya Path Crossing from 10:00 p.m. on 9th October 2026 till 10:00 p.m., 10th October 2026 coinciding with the scheduled protest . A similar suspension of mobile internet services was reportedly imposed on 2nd October 2026, when protests were being held in New Delhi.
Imposing internet shutdowns prior to peaceful protests raises serious concerns about the use of state powers to restrict democratic participation. The suspension of mobile internet services, alongside orders for road closures, metro station closures, as well as cancellation of multiple trains arriving at New Delhi appears to indicate a broader pattern of restrictions that interferes with access to protest sites and disrupt the organization and coordination of peaceful demonstrations, rather than being narrowly tailored to prevent a public emergency or protect public safety.
SFLC.in strongly condemns the imposition of this internet shutdown as it is not only disproportionate but also strikes at the heart of the fundamental right to freedom of speech and expression, including the right to assemble peacefully and to access information online, all recognized under Article 19(1) of the Constitution of India.
Notably, the order for the suspension of said instance has not been published prior to its implementation. This directly contravenes the mandate for publication of such internet suspension orders, as required by Rule 3(2) of the Telecommunications (Temporary Suspension of Services) Rules, 2024read with Section 20(2)(b) of the Telecommunications Act 2023). The publication of such orders is essential to ensure transparency, accountability, and the ability to challenge restrictions on one’s fundamental rights.
In Anuradha Bhasin v. Union of India [Writ Petition (Civil) No. 1031/2019], the Supreme Court of India has established that any restriction on the rights encapsulated under Article 19(1)(a) MUST satisfy the threshold of reasonableness, necessity, and proportionality.
The established law requires that each order to be published and include crucial details such as the date, time, duration, and the specific area where the suspension will be in effect. Per the Anuradha Bhasin judgment, the suspension order must also provide clear reasons and supporting evidence demonstrating the necessity of the shutdown. Thus, mere anticipation of a demonstration cannot, by, itself, dispense with these constitutional and statutory safeguards.
SFLC.in calls upon the the appropriate authorities, including the Ministry of Home Affairs, Government of NCT of Delhi and the Department of Telecommunications, Government of India to undertake the following measures:
- Withdraw the order suspending mobile internet services in New Delhi immediately.
- Publish the suspension order passed in relation to the shutdown of internet services on 09 October 2026 in accordance with the Supreme Court’s directions in Anuradha Bhasin v. Union of India and the Telecommunications (Temporary Suspension of Services) Rules, 2024. The suspension orders must provide:
- Clear information on the following details, i.e., the authority issuing the order, date, time, and the specific area where the suspension will be in effect.
- Clear reasons and supporting evidence demonstrating the necessity of the shutdown.
- The order must be reviewed by the Review Committee within five (5) days as prescribed under Rule 5(3) of the Telecommunications (Temporary Suspension of Services) Rules, 2024.
Internet shutdowns should not be used as a tool to curb peaceful protests. SFLC.in continues to observe a troubling trend where orders for internet shutdowns imposed in New Delhi are not published prior to its implementation. Non-disclosure of such orders raises serious concerns for freedom of speech and expression, access to information online and also for public transparency. Further, the absence of publicly accessible reasons and supporting materials makes it difficult to assess whether the authorities have demonstrated the necessity of the restrictions, existence of circumstances justifying their imposition, and whether less restrictive measures were considered.
Ordinary citizens are compelled to bear the incalculable cost in such situations, especially when internet shutdowns are accompanied by extensive orders to suspend public infrastructure across the city. This not only disrupts everyday transit for work, education, and access to essential services, but can also result in life-threatening consequences where restrictions impede access to emergency medical services, emergency communication, or timely transportation to hospitals.
Since 2012, SFLC.in has consistently documented the use of internet shutdowns in India through India’s exclusive real-time Internet Shutdowns Tracker, available at internetshutdowns.in. The suspension of mobile internet services during peaceful protests reflects the kind of opaque and disproportionate state action that constitutional safeguards as laid down in are meant to prevent. For further information about SFLC.in’s work on internet shutdowns and defending digital freedoms in India, please visit sflc.in.
