Order Suspending Telecom/ Internet Services Shall Not Be In Operation For More Than 15 Days: Centre Amends Rules [Read Notification]

Order suspending telecom/interent Services shall not be in operation for more than fifteen days, as per the latest rule notified by the Central Government. 

The Central Government has amended Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017, to restrict the life of suspension orders.

Temporary Suspension of Telecom Services (Amendment) Rules, 2020 has been notified by the Department of Telecommunications and has come into force. 

As per Rule 2 of 2017 Rules, the directions to suspend the telecom services shall not be issued except by an order made by the Secretary to the Government of India in the Ministry of Home Affairs in the case of Government of India or by the Secretary to the State Government in-charge of the Home Department in the case of a State Government (hereinafter referred to as the competent authority). However, in unavoidable circumstances, where obtaining of prior direction is not feasible, such order may be issued by an officer, not below the rank of a Joint Secretary to the Government of India, who has been duly authorised by the Union Home Secretary or the State Home Secretary, as the case may be.

Sub Rule (2) provides that the order issued by the competent authority under sub-rule (1) shall contain reasons for such direction and a copy of such order shall be forwarded to the concerned Review Committee latest by next working day. 

Now the latest amendment adds the following Sub Rule 2A:

"(2A) The suspension order issued by the competent authority under sub-rule (1) shall not be in operation for more than fifteen days." 

Notably, the orders suspending 4G internet services in Jammu and Kashmir were also issued invoking powers under Rule 2(1) of the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.

Effect On Restrictions Imposed In J&K 

Earlier this year, the Supreme Court had directed the Jammu and Kashmir administration to review all orders of restrictions imposed in Jammu and Kashmir post the abrogation of the state's special status. The court had held that an order suspending internet services indefinitely is impermissible under the Temporary Suspension of Telecom Services (Public Emergency or Public Service) Rules, 2017 and that the suspension can be utilized for temporary duration only. 

In August, the J&K administration restored 4G internet in two districts - Ganderbal and Udhampur- while restricting the internet speed as 2G in the remaining districts.

The restrictions were extended from time to time. The latest extension came on October 21, as per which the speed restrictions in districts except Ganderbal and Udhampur were extended till November 12.

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