17 October, 2017
The Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017 (‘Suspension Rules ’) have been issued by the Department of Telecommunications (‘DoT’ ) on August 7, 2017. Pursuant to the Suspension Rules, a direction to suspend telecom services (‘Suspension Order ’) can only be issued by:
(i) the Secretary to the Government of India in the Ministry of Home Affairs in case of the Central Government, or
(ii) the Secretary to the State Government in-charge of the Home Department in case of a State Government, (each a ‘Competent Authority ’).
The Suspension Rules recognise that, in unavoidable circumstances, the Suspension Order may be issued by an officer at least of the rank of Joint Secretary of the Government of India (authorised by the Union Home Secretary) or State Home Secretary, as the case may be.
However, such order is to be confirmed by the Competent Authority within 24 hours of issuance.
The Suspension Rules provide for setting up of a review committee to record its findings if a Suspension Order, for public emergency or public safety, has been issued as per the Indian Telegraph Act, 1885.
For further information, please contact:
Zia Mody, Partner, AZB & Partners
zia.mody@azbpartners.com
