Delhi HC: PIL seeking ISPs to forego charges from businesses closed during lockdown withdrawn

A PIL filed in Delhi High Court seeking directions to telephone operators and internet service providers (ISPs) not to charge any amount to businesses, etc that remained "compulsorily closed" during the lockdown was withdrawn on Friday.

A PIL filed in Delhi High Court seeking directions to telephone operators and internet service providers (ISPs) not to charge any amount to businesses, etc that remained "compulsorily closed" during the lockdown was withdrawn on Friday. During the course of arguments, the bench of Justice Vipin Sanghi and Justice Yogesh Khanna apprised the petitioner that the Supreme Court has dealt with similar issues and it is not inclined to entertain the same.

In view of this, "the petition was not pressed and the same was withdrawn". On a suggestion that directions should be issued to the Union of India (UOI) to deal with the issue, the bench said they are not inclined to pass any such directions.

The PIL, filed by SK Sharma through advocate Amit Sahani, sought directions that the amount received by such telephone operators or ISPs for this "unused period" may be transferred to COVID-19 Relief Fund initiated by the Prime Minister of India. Advocate Sahani argued that by virtue of compulsory lockdown, the public is unable to visit their workplace and therefore the telcos/ISP should not charge for lockdown period as the public was under compulsion not to avail services.

He also argued that a complete waiver of bills may sound unusual but the companies are also under moral/social obligations in this regard. The petition said that the COVID-19 pandemic has affected everyone and particularly those who are not working in the organised sector and added that there are numerous people, who might not be getting their complete salaries and many have lost their jobs.

"The shops/offices/ business houses/factories and almost all commercial establishment remained closed in order to abide by the dictates of the government to maintain social distancing during the period of lockdown," the petition said. It said that the petitioner had also made a representation dated April 19, 2020, to the telecommunication companies and ISPs to waive bills of offices, shops, business houses, etc, which remained closed during the period of lockdown.

The plea further requested that the Ministry of Finance be directed not to levy Goods and Service Tax (GST) on such bills during the period of lockdown in the larger Public Interest. 

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