Amid the October 10 protest at Jantar Mantar announced by the Cockroach Janta Party, mobile internet services have been suspended in parts of central Delhi for 24 hours.A communication dated October 9 from the Deputy Commissioner of Police, Special Cell (HQ), Delhi, directed the nodal officers of Airtel, Vodafone Idea, Reliance Jio and MTNL to suspend “mobile internet services (all technologies)” within a four-kilometre radius of the Janpath-Kartavya Path crossing from 10 pm on Friday to 10 pm on Saturday.The communication, shared by news agency ANI on X, stated that the Union Home Secretary had authorised the shutdown following a request from the Delhi Police. It referred to a separate suspension order dated October 9, which the Internet Freedom Foundation (IFF) said it could not locate on government websites.Interestingly, the police communication was marked “Top Secret” even though the 2024 telecom rules expressly require suspension orders to be published. Delhi Police personnel inspect a two-wheeler rider along a deserted street in Connaught Place ahead of the CJP protest call, in New Delhi, Saturday, Oct. 10, 2026. (PTI)The CJP called for the protest to demand the resignation of Chief Election Commissioner Gyanesh Kumar. This followed The Indian Express investigation published on September 23, which revealed that two Election Commissioners had repeatedly raised objections to decisions taken without their knowledge or approval.What does the law require authorities to disclose when they suspend internet services, and why does publication matter?The police communication cites sub-rule (1) of Rule 3 of the Telecommunications (Temporary Suspension of Services) Rules, 2024, read with Section 20(2)(b) of the Telecommunications Act, 2023.Story continues below this adIntroduced in November 2024, the rules replaced the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, as amended in 2020, which operated under the Indian Telegraph Act, 1885.Under Section 20(2)(b), the central or state government may suspend telecommunication services during a public emergency or in the interest of public safety, if satisfied that doing so is necessary or expedient on specified grounds, including the security of the State, public order and preventing incitement to the commission of an offence.Explained | Delhi Protests | The right to protest, and what happens when police deny permissionRule 3(1) specifies that such directions must be issued through a suspension order, with reasons recorded in writing, by the competent authority. In the case of the Central Government, this is the Union Home Secretary; in the case of a state government, it is the state Home Secretary.In unavoidable circumstances, an authorised officer of at least Joint Secretary rank may issue the order, subject to confirmation by the competent authority within 24 hours.What safeguards must a suspension order follow?Story continues below this adAny suspension order issued under sub-rule (1) of Rule 3 must be published. It must clearly state the reasons for the order, address those specific reasons, define the geographical area and type of telecommunication service affected, and specify a duration not exceeding 15 days.Under Rule 3(4), authorities must also consider whether the objectives of the suspension can be achieved through other reasonable means before issuing the order.A copy of the order must be forwarded within 24 hours of its issuance to a review committee constituted by the Centre or the state government, as applicable. For orders issued by the Centre, the committee comprises the Cabinet Secretary, who chairs it, the Secretary, Department of Legal Affairs, and the Secretary, Department of Telecommunications.Under Rule 5, the committee must meet within five days of the order’s issuance and determine whether it complies with Section 20(2)(b) and Section 20(4) of the Telecommunications Act, 2023. It may set aside an order that does not comply with these provisions.Story continues below this adThe 2024 rules do not expressly require the review committee’s findings to be published. In February 2024, the Jammu and Kashmir administration undertook before the Supreme Court to publish review committee orders on internet shutdowns, excluding internal deliberations.Why must suspension orders be published?In October 2019, Anuradha Bhasin, a Kashmiri journalist, petitioned the Supreme Court regarding the Internet shutdown in Jammu and Kashmir, which she said had brought to a halt the work of printing newspapers and disrupted everyday life.CJP Protest, Explained | How does detention differ from arrest, what rights do detainees have?In its January 2020 judgment, the court ruled that “freedom of speech and expression and the freedom to practice any profession or carry on any trade, business or occupation over the medium of Internet enjoys constitutional protection under Article 19 (1) (a) and Article 19 (1) (g)”.The court held that restrictions on these rights must satisfy the test of proportionality and that suspending Internet services indefinitely was impermissible. The proportionality test requires restrictions on fundamental rights to be justified and no more restrictive than necessary to achieve a legitimate objective.Story continues below this adThe court directed the government to mandatorily publish all orders permitting Internet shutdowns, so that affected individuals could challenge them before the High Court or another appropriate forum.This requirement is now expressly incorporated into Rule 3(2) of the 2024 rules. Without access to the suspension order and the reasons recorded in it, affected citizens cannot meaningfully examine whether the restriction is justified or challenge its legality.Parliament’s Standing Committee on Communications and Information Technology, led by Congress MP Shashi Tharoor, also highlighted the need for clearer safeguards. It noted that governments had resorted to internet shutdowns for routine policing and administrative purposes, including preventing cheating in examinations, even when these did not constitute a public emergency.The Ministry of Home Affairs told the committee that ‘public emergency’ was not defined in the statute, but that its scope could be understood from the provision as a whole. The committee recommended defining the term and considering selective restrictions on applications or websites instead of suspending all internet services.What does this mean for the Delhi shutdown?Story continues below this adThe October 9 police communication identifies the authority that approved the shutdown, the affected area and its duration. However, the underlying suspension order, which must record the reasons for the decision, has not been made publicly available, according to the Internet Freedom Foundation.The communication was also marked “Top Secret”, although the 2024 rules expressly require suspension orders to be published. While the classification applies to the police communication, the status of the underlying order remains unclear.Without access to the order, the public cannot examine the government’s justification for the shutdown or assess whether it considered less restrictive alternatives. It also becomes harder for affected citizens to challenge the decision before a court, as envisaged by the Supreme Court in Anuradha Bhasin.