New Delhi: All actions taken by the government and the police are fully compliant with the law as well as no case of contempt is made out against them, and that the Home Secretary’s unconditional apology to the Supreme Court is a mandatorily required response followed in every contempt petition, the Ministry of Home Affairs (MHA) said on Thursday.
The reaction came in response to some media reports that Union Home Secretary Govind Mohan has tendered an unconditional apology to the Supreme Court while responding to the apex court’s contempt notice.
“Some media organisations report that the Union Home Secretary has tendered an unconditional apology to the Honourable Supreme Court in response to a contempt notice.
In this regard, this is to state: Whenever a contempt notice is issued by the Honourable Supreme Court, it is required that the party responding to the notice must begin their affidavit with an unconditional apology. Only thereafter all other facts and arguments are presented,” the concern was stated in a post on X handle of PIB-Ministry of Home Affairs.
The MHA’s response further mentioned, “this is mandatorily followed in every contempt petition.”
Following this practice, the ministry said, “the first paragraph of the affidavits filed by the Home Secretary, Commissioner of Police, and other concerned officials complied with this requirement.”
Thereafter, the MHA said, “detailed particulars in the affidavit have been furnished, by which it has been clearly established that all actions taken by the Government and the Police are fully compliant with the law, and no case of contempt is made out against them.”
Mohan had tendered an unconditional and unqualified apology to the Supreme Court in response to a contempt notice, submitting that there was no wilful or deliberate non- compliance with the court’s October 9 order on restrictions imposed in Delhi.
In his response, Mohan said the Centre’s October 9 communication imposing restrictions was aimed at maintaining peace and preventing any disturbance of public order, citing a proposed protest allegedly being held without requisite permission and in the light of the Delhi Police’s experience during the July 20 protest over the NEET.
The Supreme Court’s October 9 order had directed the Centre to lift a complete prohibition on certain services and regulate them only to the extent that they did not cause inconvenience to the common citizens of Delhi.
On the suspension of internet services, Mohan submitted that the Delhi Police had sought a one-day suspension of cellular internet, and the request was processed in accordance with the law and considered proportionate in view of the prevailing situation.
He clarified that the shutdown remained in effect from 1O pm on October 9 to 10 pm on October 10, within a four-kilometre radius of Raisina Hill. The restriction applied only to cellular internet services and excluded Wi-Fi and broadband connections.
Mohan has sought the discharge of the contempt notice issued against him and requested modification of the Supreme Court’s October 11 order to permit internet suspension in situations where it is necessary, subject to statutory safeguards.
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