Supreme Court special hearing tomorrow on pleas over Delhi protest curbs, detentions

The Supreme Court will hold a special sitting on Sunday to hear a contempt petition alleging that officials violated its October 9 order by continuing Delhi Metro station closures and train cancellations during protests against Chief Election Commissioner Gyanesh Kumar.

In Short

• Contempt plea filed against Home Secretary, Police Commissioner, DMRC Chair
• Petition claims violation of October 9 order allowing regulated transport during protests
• Habeas corpus petition by Menaka Guruswamy challenges detention of Opposition leaders

The Supreme Court will hold a special sitting on Sunday, October 11, to hear a contempt petition claiming that authorities violated its October 9 order by continuing to close Delhi Metro stations and cancel train services during protests against Chief Election Commissioner Gyanesh Kumar.

According to LiveLaw.in, a special bench comprising Justice Joymalya Bagchi and Justice V Mohana will hear both matters. The contempt petition has been filed by advocate Shailendra Mani Tripathi.

The special bench will also hear a habeas corpus petition filed by concerning the detention of protesters during Saturday’s demonstrations in Delhi.

The habeas corpus petition, filed by Trinamool Congress MP and senior advocate Menaka Guruswamy, challenges the preventive detention of Opposition leaders, including four former Chief Ministers, as per a report by the Bar and Bench.

Guruswamy has argued that preventive detention cannot be used to suppress the fundamental right to peaceful protest. She has also questioned the police action of picking up protesters from streets and Opposition leaders from their residences.

Meanwhile, Tripathi's plea seeks contempt proceedings against Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) Chairperson D Thara for allegedly wilfully disobeying the court's directions.

Tripathi has argued that the authorities continued imposing restrictions on public transport despite the Supreme Court directing them to ensure that Metro and railway services were not completely suspended during the October 10 protests.

According to his petition, the continued closure of Metro stations and cancellation of trains caused significant inconvenience to commuters and severely disrupted public life in the national capital. The allegations are yet to be adjudicated by the court.

WHAT THE SUPREME COURT SAID ON OCTOBER 9

The contempt petition stems from the Supreme Court's October 9 order in M A Baby v. Union of India, which dealt with restrictions on public transport ahead of the planned protests by the Cockroach Janta Party (CJP) and Opposition parties against CEC Gyanesh Kumar.

During the hearing, the court considered communications issued by Delhi Police directing the closure of 57 Metro stations and restrictions on Mail and Express trains arriving at New Delhi and Hazrat Nizamuddin railway stations.

Eventually, the DMRC brought down the closure to 45 Metro stations.

The bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, questioned the restrictions, observing that the notifications appeared to be “overreaching” because they imposed a complete ban on essential public transportation.

The court clarified that there should be no outright prohibition on Metro train movements. It said authorities could regulate Metro and other railway services appropriately, taking into account security concerns and the principle of proportionality.

The bench also emphasised that transport arrangements should be publicised to prevent inconvenience to commuters. It directed the authorities to issue traffic advisories and consider suitable alternative locations equipped with basic amenities for peaceful protests.

CONTEMPT PLEA NAMES THREE SENIOR OFFICIALS

Tripathi's petition seeks contempt proceedings against the Union Home Secretary, Delhi Police Commissioner and DMRC chairperson over the alleged non-compliance with the October 9 directions.

The petitioner has contended that the restrictions continued despite the court's clarification that public transport should operate in a regulated manner rather than being completely prohibited.

The plea argues that such measures imposed unnecessary hardship on Delhi residents and affected their ability to travel across the city.

The Supreme Court's special sitting on Sunday will consider the contempt petition and the allegations of non-compliance with its earlier directions. The court's consideration of the matter will determine the next steps in the proceedings.

- Ends