New Delhi, 11 October (H.S.):

The Supreme Court on Sunday held a special hearing on a contempt petition challenging the closure of metro stations in Delhi on October 10 amid protests. A bench headed by Justice Joymalya Bagchi directed that metro and railway services should continue to operate normally, except where restrictions are necessary to maintain public order in accordance with Article 19(2) of the Constitution. The Court also sought an explanation from the Delhi authorities as to why contempt proceedings should not be initiated against them.

The Court said that the movement of people across the city must be permitted in accordance with traffic regulations. It directed the authorities to ensure that the public’s movement was not unnecessarily obstructed and ordered an immediate review of the need for barricades, taking into account law-and-order concerns and prevailing traffic conditions.

The Court further directed that internet services remain uninterrupted. It emphasised that no person should be unlawfully detained without following the procedure established by law, particularly in areas outside those where prohibitory orders are in force. The Court said that peaceful assemblies should be permitted in accordance with the law, especially in areas where restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) do not apply.

The Court also ordered the removal of a board outside the Supreme Court premises stating that Section 163 was in force and prohibiting the assembly of five or more people. At the same time, it reminded protesters that demonstrations must remain peaceful and must not incite others or provoke unrest.

In addition to the contempt petition filed by Shalabh Mani Tripathi, Trinamool Congress MP and senior advocate Menaka Guruswamy had also approached the Supreme Court. Her petition challenged the preventive detention of Opposition leaders, including four former chief ministers, and other individuals during the protests. The plea raised concerns over personal liberty and the constitutional right to peaceful protest and assembly.

A separate petition filed by Aman Prasad alleged that Delhi Police Commissioner Anurag Kumar was guilty of contempt of court over the police action against protesters. It alleged that unarmed individuals had been assaulted and detained, that police personnel had operated without identification badges, and that male officers had misbehaved with women protesters.

On October 8, the Supreme Court had directed that Delhi Metro stations should not be shut down entirely ahead of the protests scheduled for October 10. A bench headed by Chief Justice of India Surya Kant had asked the Union Government to ensure that railway services to Delhi were not completely suspended and that Delhi Metro stations remained operational ahead of the demonstrations.

The Court had directed the government to ensure that railway and metro services continued in a regulated manner so that members of the general public would not face unnecessary inconvenience.

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Hindusthan Samachar / Jun Sarkar