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Telegram Challenges India's Temporary Ban in Delhi High Court Ahead of NEET-UG 2026 Re-Exam

  • Writer: Kaustav Chowdhury
    Kaustav Chowdhury
  • Jun 18
  • 5 min read

Telegram has moved the Delhi High Court challenging the Central Government’s decision to temporarily restrict access to the messaging platform across India until June 22, 2026. The ban, issued under Section 69A of the Information Technology Act, 2000, was prompted by concerns over organised paper-leak rackets operating on Telegram ahead of the NEET-UG 2026 re-examination scheduled for June 21. With over 150 million Indian users affected by the blanket restriction, the case raises significant questions about the proportionality of platform-wide shutdowns and the procedural safeguards that must accompany blocking orders.


Why Did the Government Block Telegram?

The origins of this dispute lie in the troubled history of NEET examinations in India. After allegations of widespread irregularities forced the cancellation and rescheduling of the NEET-UG 2026 test, the National Testing Agency (NTA) flagged Telegram as a primary vector for organised cheating. Channels operating openly under names such as "PAPER LEAKED NEET," "Re-NEET 2026," and "Private Mafia" were reportedly demanding payments ranging from a few thousand to several lakh rupees from students and their families, promising access to the re-examination paper. The NTA clarified that no examination paper existed outside the secured chain, making these operations straightforward fraud. The parallels to earlier arrests in Bihar for selling fake NEET question papers via social media are hard to miss.


Acting on the NTA’s recommendations, MeitY issued two distinct directions. The first restricted access to Telegram across India from June 16 until June 22, covering the day of the re-examination and the period immediately following it. The second directed Telegram to disable its message-editing feature for Indian users until June 30, 2026. The government’s rationale for the second order was particularly notable: Telegram’s editing function allows channel administrators to alter previously posted messages while retaining the original timestamp. According to the NTA, this feature had been exploited after previous examinations to fabricate "paper leak" evidence by editing messages post-hoc to make it appear that question papers had been shared before the exam.


The legal authority invoked is Section 69A of the IT Act, the same provision used to ban 59 Chinese mobile applications, including TikTok and UC Browser, in June 2020. It empowers the Central Government to direct intermediaries to block public access to information where doing so is deemed necessary in the interest of sovereignty, security of the state, or public order.


Telegram’s Arguments Before the Court

Telegram’s challenge rests on several legal grounds. First, the platform contends that the blocking order was issued without granting it a hearing as required under Rule 8 of the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009. Telegram alleges that authorities bypassed this mandatory hearing by invoking emergency powers under Rule 9, despite communications between Telegram and government agencies having been ongoing since May 20, 2026. If that timeline is accurate, the "emergency" characterisation becomes difficult to sustain: a situation under discussion for nearly a month is not a sudden crisis requiring bypass of procedural safeguards.


Second, Telegram argued that the ban is grossly disproportionate. The platform submitted that it had already taken proactive steps, having removed more than 900 links involving unlawful NEET-related content and deployed AI and machine learning tools to identify further violations. A blanket shutdown affecting 150 million users, Telegram contended, is not proportionate when targeted content removal is both available and already underway.


Third, Telegram raised an Article 14 challenge, alleging selective targeting. The platform argued that other similarly situated intermediaries continued to operate without comparable restrictions, even though fraudulent NEET-related activity was not exclusive to Telegram. If established, this could expose the blocking order to challenge on grounds of arbitrariness. The question of how certain platforms are singled out while others offering similar functionality remain untouched is a recurring theme in Indian technology regulation. The Supreme Court’s recent push for draft AI regulations is part of this broader conversation about establishing consistent standards for technology governance.


Legal Implications and the Road Ahead

A vacation bench of Justice Tejas Karia issued notice to the Centre and other respondents, granting them liberty to file replies along with supporting documents, and listed the matter for further hearing at 2:30 PM on June 18. The Solicitor General, appearing for the government, submitted that the blocking order was validly issued under Section 69A and that a post-decisional hearing had already been conducted. This is a legally significant concession: it implicitly acknowledges that the pre-decisional hearing under Rule 8 was not held, and instead relies on the sufficiency of a post-decisional hearing to cure any procedural defect.


The case carries implications well beyond the immediate dispute. If the court finds that the government cannot invoke emergency powers under Rule 9 when it has had weeks of advance engagement with the platform, that would establish a meaningful constraint on the use of Section 69A blocking orders. Conversely, if the court accepts that a post-decisional hearing is a sufficient cure, it could create a template for future bans where the government acts first and offers a hearing later. Either outcome will shape how platform restrictions are implemented in India going forward, particularly in the context of the evolving obligations imposed on data fiduciaries under the DPDPA 2023.


There is also a practical concern about digital security. When a widely used communications platform is suddenly unavailable, users often turn to unverified alternatives or VPN services of uncertain provenance, exposing themselves to new risks. The Karnataka High Court’s ruling holding BSNL liable for SIM swap fraud illustrates how courts are increasingly holding service providers accountable for downstream security consequences. The principle that large-scale disruptions to digital infrastructure demand careful consideration of collateral effects is gaining traction in Indian jurisprudence.


Related Reading

For a closer look at how the Delhi High Court balances constitutional rights against statutory restrictions, see the analysis of its decision to grant bail to Khurram Parvez in the UAPA case, where Article 21 prevailed over Section 43D(5). That ruling reinforces the principle that even powerful statutory provisions must yield when fundamental rights are at stake.


With the government increasingly relying on the IT Act to regulate platforms, understanding the obligations and penalties framework for data fiduciaries under the DPDPA 2023 provides essential context for where platform regulation is headed.


Key Takeaways

The Telegram ban case distils several tensions that will define technology regulation in India for years to come. The government’s concern about exam fraud on digital platforms is legitimate; organised cheating rackets exploiting messaging apps cause real harm to millions of students. But the mechanism chosen, a blanket platform ban affecting 150 million users rather than targeted content removal, and the procedural shortcuts taken in implementing it, invite serious judicial scrutiny. Whether the Delhi High Court treats the post-decisional hearing as an adequate remedy or insists on stricter compliance with Rule 8 safeguards will set an important precedent. For digital platforms, the case is a reminder that compliance infrastructure, including responsive content moderation and clear communication channels with regulators, is not optional. For regulators, it underscores that even time-sensitive enforcement actions must respect the procedural architecture the law has put in place. The hearing on June 18 will be closely watched.

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