A day after mass detentions and a “curfew-like” clampdown on civil rights, which senior lawyers compared to the 1975 Emergency, the Supreme Court convened what it called an “extraordinary, exceptional” Sunday hearing to direct the Union government and the Delhi Police to stop illegal detentions and allow free and smooth movement of people and traffic, as well as the operations of Metro and rail services, but “subject to law and public order”.
A Special Bench of Justices Joymalya Bagchi and V.
Mohana issued notice to Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) chairperson D.
Thara on a petition filed by advocate Shailendra Mani Tripathi seeking contempt action against them for allegedly violating an October 9 order which barred any “outright prohibition on the movement of Metro trains” and public transport on October 10.
Restores people’s faith in justice system: Sibal after SC’s directions to government on protests The court ordered the police to forthwith review the imposition of barricades on public roads, ensure that Internet connectivity was not disturbed, and lift prohibitory orders issued under Section 163 BNSS in and around the Supreme Court and other courts of law in the capital to facilitate litigants’ access lawyers and justice.
The court did not explicitly comment on the legality of the prohibitory orders.
Justice Bagchi, dictating the order, observed there would be no detentions except by law outside the four-km prohibitory zone in central Delhi, which includes Jantar Mantar, the designated site for protests.
The court said people should be allowed to assemble peacefully outside the restricted zone.
All people, including journalists and lawyers, must be allowed to perform their professional duties, the court directed.
Crowded courtroom The morning began with the Bench changing courtrooms at the last moment, before 10.30 a.m., due to overcrowding.
The video-conferencing link was not operational due to a “glitch” and was later found to be chock-a-block with viewers.
The build-up to the hearing was punctuated by verbal confrontations over seating arrangements for senior police officers present in the courtroom.
One of the lawyers, who had been detained on October 10, urged his colleagues to offer the women police officers seats, saying, “They are our guests”.
‘We Will Not Back Down’: CJP’s Sourav Das Calls on Citizens to Hit the Streets The session finally began with the entry of the two judges.
Justice Bagchi, who led the Bench, responded to a word of thanks from senior advocate Kapil Sibal by assuring that the judiciary was in the service of the nation.
He expressed serious concern over the “flagrant violations” committed by the police and security personnel on October 10.
Lawyers described a State crackdown that swept up thousands of people, from young students and senior citizens to professionals, journalists, and activists.
The detainees were taken in police vehicles to pre-arranged centres in an operation aimed at preventing them from gathering to demand the resignation of Chief Election Commissioner Gyanesh Kumar.
The protests were sparked by the deletion of millions of registered voters across the country during the Special Intensive Revision of electoral rolls.
“Yesterday, we were one step away from a Police State.
Protect the right of citizens to peacefully protest in the capital city,” senior advocate Shadan Farasat, who was dragged into a police van and detained for hours on October 10 told the court.
Senior advocate and petitioner-in-person Menaka Guruswamy asked the government how many people were detained on October 10.
“It is not just that there was no free movement allowed; it is not just that Opposition leaders were picked up from their homes; it is not just that protestors were hurled into vans and driven away by police officers without name tags… It is about young people taking to peaceful protests because they think the electoral system is not free and fair.
Is this an undeclared Emergency?
What is at stake here is whether citizens can peacefully protest.
The last time we came to court against a situation like this was 50 years ago during the Emergency.
Has Article 19 been suspended?
If so, this is done only during the Emergency,” Ms.
Guruswamy submitted.
Delhi Protests: Supreme Court advocate calls on citizens to unite against CEC Gyanesh Kumar Senior advocate Gopal Sankaranarayanan said the Emergency had reached our doorsteps.
“A board advertising the prohibitory order is fixed outside this very court as we speak,” he said.
The court ordered its removal immediately.
Senior advocate K.K.
Venugopal recounted how a junior colleague was detained by a police team right outside the Supreme Court and driven 11 km away for no apparent reason.
Government’s defence Solicitor General Tushar Mehta, appearing for the Union government and the Delhi Police along with Additional Solicitor General S.V.
Raju, admitted that protesters were removed at 2 p.m. and released at 6 p.m. on October 10.
“On the question of the legality of the arrests, it is for Your Lordships to decide.
I will have to file a reply to the petitions filed in court,” he said.
He maintained, on instructions from the government, that there was “zero reduction in the total volume of Metro service”.
“Of the 303 Metro stations in Delhi, entry and exit were restricted to 45 stations on October 10.
If one station was closed, the neighbouring one was open.
Today, all the stations are open.
Internet was restored last night itself,” he said to loud guffaws from the courtroom.
‘Open emergency-like situation’, alleges CJP; vows to continue protests “We want clarity on this point in an affidavit.
We would like you to give us the locations of these closed Metro stations.
Were Metro stations on either end of Delhi open while those in the middle closed?” Justice Bagchi asked.
Loud boos echoed in the courtroom when a counsel submitted that lawyers’ job was inside courtrooms and not protesting on streets.
The court said the authorities must specify in their affidavits whether they had complied with the court’s October 9 order to issue traffic and rail service advisories.
To a submission that police officers were injured too on October 10, Justice Bagchi said the court was agnostic about the identities of the injured, but would look into grievances equally.
“Please file a response by Tuesday (October 13) along with compliance,” Justice Bagchi directed the authorities.
The hearing ended with Justice Mohana making a personal appeal to the petitioners’ side that “All who are protesting in public interest, please take to peaceful means”.
