SC notice to government, Delhi Police and DMRC over protest curbs, detentions

This came as the Supreme Court took up a batch of petitions concerning restrictions imposed in Delhi to prevent mobilisation of protesters at Jantar Mantar.

In Short

• Notices issued to officials to explain why contempt proceedings should not be initiated
• Court stresses no illegal detention of peaceful protesters in places with no prohibitory orders
• Contempt petition moved by advocate Shailendra Mani Tripathi citing SC's October 9 order

The Supreme Court on Sunday sought responses from the central government, the Delhi Police and the Delhi Metro Rail Corporation (DMRC) over contempt and habeas corpus petitions filed in relation to the mass detentions and public restrictions in Delhi in view of CJP's call for 'Jantar Mantar 2.0' protest. .

During a special sitting, a bench of Justices Joymalya Bagchi and V Mohana issued notices to relevant officials in the matter. "We direct the authorities concerned to submit a short affidavit showing cause why contempt proceedings should not be initiated," the court said.

This came as the Supreme Court took up a batch of petitions concerning restrictions imposed in Delhi to prevent mobilisation of protesters at Jantar Mantar.

The contempt plea, filed by advocate Shailendra Mani Tripathi, has arrayed Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation chairperson D Thara as respondents.

The plea referred to the Supreme Court's October 9 order which was passed while hearing a separate petition against the closure of 57 metro stations and cancellation of trains to Delhi in view of the CJP-led agitation, which was planned for Saturday, October 10.

The court is also hearing a habeas corpus petition filed by Senior Advocate Menaka Guruswamy against the detention of political leaders.

SUPREME COURT ON ILLEGAL DETENTIONS

The bench also directed that people gathering peacefully should not be illegally detained if prohibitory orders do not apply to that area.

"There shall not be illegal detention, except in accordance with the law, particularly in respect of peaceful unarmed assemblage of people beyond the area where 163 BNSS is implemented," it stated.

The protest call was given by the Cockroach Janta Party and some student organisations to seek the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of voter rolls.

The Centre thwarted a potential mass mobilisation at Jantar Mantar on Saturday after an unprecedented security clampdown and the detention of more than 7,000 protesters, including CJP leader Abhijit Dipke, several opposition leaders and YouTuber Dhruv Rathee.

Dipke and fellow CJP functionaries Saurav Das and Ashutosh Ranka were released on Sunday morning, ahead of the special hearing in Supreme Court, after being produced before an executive magistrate.

The trio were detained on Saturday from a flight soon after it landed in Delhi from Mumbai.

Rathee was also taken into custody by Delhi Police during the day from Gurugram. He was released several hours later, at around 3 am on Sunday, according to Gurugram Police sources.

- Ends
(With additional inputs from PTI)