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Del HC | Indian Army’s policy of social media ban for its members to be submitted in a sealed cover for perusal of Court

Delhi High Court

Delhi High Court: A Division Bench of Rajiv Sahai Endlaw and Asha Menon, JJ., has asked Central Government to submit policy on social media ban for Indian Army members in a sealed cover.

Social Media Ban Policy for Indian Army

Present petition was filed impugning the policy of respondent 2 Director General of Military Intelligence, to the extent it bans the petitioner and other members of Indian Army from using social networking platforms like Facebook and Instagram.

Additional Solicitor General appearing for the respondents opposed the petition.

Bench stated that only after perusing the policy counsels be heard.

“we are of the view that the counsels be heard after we have had an occasion to peruse the policy and if the document prescribing the policy does not record the reasons therefor, the document containing the reasons for the policy.”

Further the Court added that the stated documents be circulated in a sealed cover either through the High Court or directly at their respective residences, at least a day before the next date of hearing.

Petitioner’s counsel sought interim relief of relieving the petitioner from the mandate of being required to delete any existing social media accounts. It contended that the same has been directed to be deleted by 15th July, 2020.

To the above, Court stated that till the time no reason to entertain the petition would be found no interim relief can be granted especially when the matter has potential of concerning the safety and security of the country.

Matter has been listed for 21-07-2020. [Lt. Col. P.K. Choudhary v. UOI, 2020 SCC OnLine Del 755 , decided on 14-07-2020]

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