Delhi HC rejects Army officer's plea challenging ban on social media

The petition was filed by Lieutenant Colonel P.K. Choudhary, who is posted in J&K

Army rep-ADGPI Representational image | Facebook account of Indian Army's Additional Directorate General of Public Information

The Delhi High Court dismissed a petition that challenged an Army headquarters’ order to ban its personnel from using social networking platforms such as Facebook and Instagram.

The petition was filed by Lieutenant Colonel P.K. Choudhary, who is posted in Jammu and Kashmir.

While dismissing the petition, the division bench comprising Justice Rajiv Sahai Endlaw and Justice Asha Menon stated that if the government, after complete assessment, has concluded that permitting use of certain social networking websites by personnel of its defence forces is enabling the enemy countries to gain an edge, the courts would be "loath to interfere".

The Delhi High Court concluded that in the circumstances no case for interference is made out.

The Delhi High Court also noted that "warfare and inter-country rivalries and animosities today are not confined to accession of territory and destruction of installation and infrastructure of enemy countries but also extent to influencing and affecting the economies and political stability of enemy country including by inciting civil unrest and disturbance and influencing the political will of the citizen of the enemy country".

Citing a verdict in context of procurement of Rafale fighter jets for Indian Air Force, the court observed that "it was reiterated that though there is a general presumption against ousting the jurisdiction of the courts, there are, however, certain areas of government activity, national security being the paradigm, which the courts regard themselves as incompetent to investigate, beyond an initial decision as to whether the government's claim is bona fide".

The Army officer challenged the policy issued by the DGMI (Director General Military Intelligence) that banned usage of 89 applications and websites and directed deletion of accounts on the said websites and applications. The ban and direction of deletion is applicable to all ranks of the Indian Army.

In his petition, the Army officer claimed that the soldiers while posted in remote locations rely on social networking platforms like Facebook to address various issues arising in their families and often use the virtual connect to compensate for the physical distance existing between themselves and their families. The Army officer also submitted that he uses his Facebook account responsibly in accordance with the guidelines issued by the Indian Army from time to time, and he has never shared any classified or sensitive information pertaining to his role and duties as an Indian Army officer over Facebook or any other social networking platform.