NEW DELHI: The Union home minister on Thursday clarified that the unconditional apology submitted by home secretary, the commissioner of police and other officials in their affidavits before the Supreme Court was part of the procedure followed in contempt proceedings.In a statement, the government reacted to the media reports that the Union home secretary Govind Mohan had tendered an unconditional apology to the Supreme Court in response to a contempt notice.It said whenever the Supreme Court issues a contempt notice, the party responding to it is required to begin its affidavit with an unconditional apology, followed by the presentation of other facts and arguments.“This is mandatorily followed in every contempt petition,” the statement said.It added that the affidavits subsequently provided detailed particulars to establish that the actions taken by the government and the police were in accordance with the law and that no case of contempt was made out against them.Mohan, in his affidavit filed late on Wednesday night, said the suspension of cellular internet services within a four-kilometre radius of Raisina Hills from 10 pm on October 9 to 10 pm on October 10 was necessary to prevent a disturbance of public order and maintain peace.He said the Delhi Police‘s request for the suspension “was found to be a proportionate measure, having regard to the magnitude of the situation and the need to prevent any disturbance of public order in the national capital.”The Supreme Court had issued contempt notices to Mohan, Delhi Police Commissioner and Delhi Metro Rail Corporation chairperson on October 11 over the alleged violation of its earlier order. The court had directed that “internet facilities should function unhindered”.
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Mohan said the suspension was limited to cellular internet services and did not cover Wi-Fi, broadband or other non-cellular internet services. He argued that suspending internet services for a limited period and within a defined geographical area, subject to statutory safeguards, was a recognised measure to maintain public order in appropriate circumstances.The home secretary also requested the Supreme Court to modify its October 11 order “to the extent necessary to permit the suspension of internet services in situations of necessity, strictly in accordance with law and subject to applicable statutory requirements and safeguards”.
