In a relief to the mobile users, the Delhi High Court on Friday removed the limit of 200 SMSes per day imposed by Telecom Regulatory Authority of India (TRAI) a few months back for personal communications. The court however maintained that the provision for restraining commercial SMSes be remained unchanged.

"We are, therefore, of the opinion that the impugned provision (of Telecom Regulatory Authority of India (TRAI) insofar as it covers non-UCCs (Unrestricted Unsolicited Commercial Communications) SMS in the present form as it exists, infringes the freedom of speech of the citizens, a bench of Acting Chief Justice A K Sikri and Justice Rajiv Sahai Endlaw said on a PIL by NGO Telecom Watchdog.

"And the conditions imposed upon the freedom of speech is not reasonable which would be protected under Article 19 (2) (which deals with reasonable restrictions of freedom of speech) of the Constitution,"

“Regulations were intended to be framed keeping the objective of curbing the menace of commercial calls and SMSes. However, when the final product came it not only put embargo on maximum voice calls/SMSes that can be seen for commercial purposes, but all categories of SMSes”, it said 

“TRAI has painted the second category with the same brush and imposition of such a condition with respect to others is not related to the purpose mentioned in Article 19(2). This restriction, in the present form without any provision of proper regulation offends the fundamental rights of the users enshrined under Article 19 (1) (a) (freedom of speech and expression),” the bench said.