Breaking: The Supreme Court held a special sitting on Sunday over the police action and transport restrictions imposed during Saturday's protest in the national capital, directing that there be no illegal detentions, that metro and rail services run normally, and that barricades across the city be reviewed immediately.
A bench of Justices Joymalya Bagchi and V Mohana took up petitions arising from the October 10 demonstration organised by the Cockroach Janta Party (CJP) at Jantar Mantar, where protesters demanded the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision of electoral rolls. Delhi Police had denied permission for the gathering and imposed sweeping restrictions across parts of the capital.
The principal matter was a contempt petition by advocate Shailendra Mani Tripathi, naming Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation chairperson D Thara as respondents. It alleged that authorities had defied the court's October 9 direction against a complete shutdown of public transport, pointing to the closure of 45 metro stations on October 10. The bench issued notice, asking the authorities to show cause why contempt proceedings should not be initiated.
The court's directions
Metro and rail facilities must function normally, with regulation permitted only where public order genuinely requires it under Article 19(2) of the Constitution. Free movement of people and traffic must be permitted in accordance with law. Internet facilities must remain undisturbed, as per law. There shall be no illegal detention except by procedure established by law, particularly for peaceful assembly beyond areas where prohibitory orders operate. The court also ordered that a notice board outside the Supreme Court itself, declaring Section 163 of the Bharatiya Nagarik Suraksha Sanhita in force in the vicinity, be taken down so citizens and lawyers could access justice without apprehension.
Detentions under scrutiny
Senior Advocate Menaka Guruswamy, a Trinamool Congress MP, challenged the preventive detention of opposition leaders, including four former chief ministers, telling the court that around 7,000 people were reported detained and some 45 detention centres set up across Delhi, though the state had provided no official figures. Solicitor General Tushar Mehta, for the Centre, said most of those detained had been released and that a full complement of 4,157 train trips had run on October 10; what the Metro did, he submitted, was restrict entry and exit at 45 of 303 stations. The bench said that argument would need greater clarity.
The court reminded those present that protests must remain peaceful.
Sources:
Delhi protests: Supreme Court orders no detentions, traffic or metro restrictions except as per law - Bar & Bench
CJP Protest: Supreme Court directs no illegal detention - Mint
A bench of Justices Joymalya Bagchi and V Mohana took up petitions arising from the October 10 demonstration organised by the Cockroach Janta Party (CJP) at Jantar Mantar, where protesters demanded the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision of electoral rolls. Delhi Police had denied permission for the gathering and imposed sweeping restrictions across parts of the capital.
The principal matter was a contempt petition by advocate Shailendra Mani Tripathi, naming Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation chairperson D Thara as respondents. It alleged that authorities had defied the court's October 9 direction against a complete shutdown of public transport, pointing to the closure of 45 metro stations on October 10. The bench issued notice, asking the authorities to show cause why contempt proceedings should not be initiated.
The court's directions
Metro and rail facilities must function normally, with regulation permitted only where public order genuinely requires it under Article 19(2) of the Constitution. Free movement of people and traffic must be permitted in accordance with law. Internet facilities must remain undisturbed, as per law. There shall be no illegal detention except by procedure established by law, particularly for peaceful assembly beyond areas where prohibitory orders operate. The court also ordered that a notice board outside the Supreme Court itself, declaring Section 163 of the Bharatiya Nagarik Suraksha Sanhita in force in the vicinity, be taken down so citizens and lawyers could access justice without apprehension.
Detentions under scrutiny
Senior Advocate Menaka Guruswamy, a Trinamool Congress MP, challenged the preventive detention of opposition leaders, including four former chief ministers, telling the court that around 7,000 people were reported detained and some 45 detention centres set up across Delhi, though the state had provided no official figures. Solicitor General Tushar Mehta, for the Centre, said most of those detained had been released and that a full complement of 4,157 train trips had run on October 10; what the Metro did, he submitted, was restrict entry and exit at 45 of 303 stations. The bench said that argument would need greater clarity.
The court reminded those present that protests must remain peaceful.
Sources:
Delhi protests: Supreme Court orders no detentions, traffic or metro restrictions except as per law - Bar & Bench
CJP Protest: Supreme Court directs no illegal detention - Mint
