Supreme Court to hear contempt plea over Metro shutdown, detentions in special Sunday sitting

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana is scheduled to hear the matters, according to reports. Another report said a special bench of Justices Bagchi and Mohana will hear them, and a lawyer said the same two judges were expected to sit.

The Supreme Court will hold a special hearing on Sunday, October 11, on two petitions arising from the police action and transport restrictions during the Cockroach Janta Party (CJP) protests in Delhi. One seeks contempt proceedings against the government for allegedly violating the court's directions. The other is a habeas corpus petition challenging the detention of opposition leaders, lawyers and journalists.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana is scheduled to hear the matters, according to reports. Another report said a special bench of Justices Bagchi and Mohana will hear them, and a lawyer said the same two judges were expected to sit.

Contempt petition over Metro closures

The contempt petition has been filed by advocate Shailendra Mani Tripathi. He has named Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) chairperson D Thara as respondents.

It alleges that the authorities deliberately disobeyed the court's October 9 order, which directed the Centre to ensure there was no "complete prohibition" of metro and train services connecting Delhi in view of the protests announced for October 10.

The petitioner said entry and exit gates at several Metro stations stayed shut, and trains continued to be cancelled or curtailed, causing inconvenience to commuters and disrupting public life. According to the plea, the DMRC had announced the closure of entry and exit gates at 45 stations.

Tripathi claimed he visited GTB Nagar and Vishwavidyalaya Metro stations at around 9.30pm and found their entry gates locked. He said he recorded the locked gates on video. He also claimed that when he visited Jantar Mantar at around 8.30pm, only police and paramilitary personnel were present and there were no protesters.

The plea further alleges that the authorities failed to publicise the revised travel arrangements properly. It argues that the non-compliance had crippled public life in the capital, and it seeks the immediate withdrawal of blanket restrictions on Metro and other rail services.

Habeas corpus plea over detentions

The second petition challenges the preventive detention of opposition leaders and seeks their release. It has been filed by TMC MP Menaka Guruswamy, according to reports.

"Such preventive detentions cannot be used to suppress the fundamental right to peaceful protest, particularly against leaders who have previously governed States," Guruswamy told Bar and Bench.

Several opposition leaders, including former chief ministers Arvind Kejriwal (AAP), Mamata Banerjee (TMC), Pinarayi Vijayan (CPI-M) and Manik Sarkar (CPI-M), were detained from various locations across the capital as they tried to join the CJP protest.

What the court ordered on Friday

On Friday, the Supreme Court directed the government and Delhi Police to lift blanket restrictions on Metro and railway services ahead of Saturday's proposed protests. It said security measures could not lead to a complete shutdown of public transport and cause inconvenience to millions of residents.

The bench said authorities could regulate train operations to prevent unlawful gatherings, but could not bring the entire system to a halt. It added that Delhi residents' right to access public facilities and move freely must also be protected.

"Stopping something and regulating are two different concepts. One can regulate but it is completely different to put a halt on everything…you cannot stop everything," the bench observed.

Following the court's remarks, the DMRC revised its order and cut the number of stations to be closed from 57 to 45. However, internet services were shut around Jantar Mantar and many trains bound for Delhi were cancelled.

(With inputs from IANS)

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