Supreme Court on Sunday held a special hearing on the curbs across Delhi amid calls for protests against Chief Election Commissioner Gyanesh Kumar and said that metro and train services shall be restored to normal and no illegal detentions should take place in the capital.
On Saturday, about 41,000 security personnel turned the Capital into a fortress. (REUTERS)
{{^htLoading}} {{/htLoading}}
The top court ordered that peaceful, unarmed protesters cannot be detained except in accordance with the “procedure established by law”.
Supreme Court's directions come after a special bench of justices Joymalya Bagchi and V Mohana heard on Sunday petitions alleging mass detentions, restrictions on movement, suspension of internet services and non-compliance with the court’s October 9 order on transport curbs ahead of Saturday’s protest against chief election commissioner Gyanesh Kumar.
"Senior counsels submitted there was a flagrant violation of the directions -- metro railway was not functioning, New Delhi and Nizamuddin railway stations remained closed, no traffic advisories were issued and a large number of persons were subjected to undue harassment and illegal detention even beyond the area which was covered by the prohibitory order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023," the bench said during the urgent hearing.
Supreme Court's five big directives regarding curbs in Delhi are -
{{/usCountry}}
(i) Metro and rail facilities shall function normally until and unless regulations required to be imposed keeping in mind disturbance to public order as under Article 19(2).
(ii) Free movement of people in the city shall be permitted subject to traffic regulations. Imposition of barricades shall be reviewed forthwith keeping in mind law and order and other traffic conditions.
(iii). Internet facilities shall remain undisturbed
(iv) Smooth movement of people in the city shall be permitted in accordance with law.
(v) There shall not be detention save and except by procedure established by law, particularly with respect to assemblage of peaceful, unarmed people beyond the area where S.163 BNSS is in operation.
{{^htLoading}} {{/htLoading}}
The Supreme Court also directed Solicitor General Tushar Mehta to ensure that lawyers, journalists and other professionals are not obstructed while carrying out their professional duties.
On Friday, a day before the pressure group Cockroach Janta Party's proposed protest against the CEC, Chief Justice of India Surya Kant had directed the authorities to reconsider the closure of metro stations and regulate, rather than prohibit outright, metro and rail services to minimise inconvenience to the public.
On Saturday, about 41,000 security personnel turned the Capital into a fortress and thwarted the planned protest by launching an unprecedented clampdown that saw the detention of 7,000 people and left large chunks of Delhi deserted.
Deep Dive
What five directions did the Supreme Court issue on restrictions in Delhi?
The Court said metro and rail services should function normally, people should be allowed to move freely subject to traffic rules, and internet services should remain undisturbed. It also said barricades should be reviewed and that detentions must follow the procedure established by law.
Why did the Supreme Court oppose a blanket shutdown of Delhi's metro and rail services?
The Court said authorities could regulate transport for public order but should not bring the entire system to a halt. It noted that blanket restrictions could inconvenience commuters and disrupt public life.
Can people be detained for attending peaceful gatherings in Delhi?
The Court said no person should be illegally detained from a peaceful gathering. Any detention must follow the procedure established by law.
Follow the latest breaking news, major developments and agenda-setting stories from India and around the world with the newsdesk at Hindustan Times. Operating round the clock, the desk brings together experienced editors, reporters and correspondents to deliver fast, accurate and contextual reporting across subjects that influence public policy, governance, business, society and international affairs. The HT News Desk covers politics, elections, government policies, the economy, business and markets, science and technology, the environment, law and order, infrastructure, education, climate issues and geopolitics, while closely tracking developments across states, institutions and global capitals. The team also leads coverage of major breaking news events, policy announcements, court proceedings, natural disasters, public emergencies and significant international developments. Reports published by the newsdesk are based on information gathered from reporters on the ground, official statements, government agencies, court records, regulatory filings, recognised institutions and other authoritative sources. Stories undergo editorial scrutiny and verification processes to ensure accuracy, fairness and relevance, and are updated as events evolve and additional information becomes available. Whether covering a key political decision in New Delhi, an economic policy shift affecting millions, a landmark court ruling or a major global event, the HT News Desk aims to provide readers with reliable, fact-based journalism that delivers not only the latest developments but also the context and analysis needed to understand their wider implications.
Get real-time updates on CJP Delhi Protest LIVE , breaking headlines, and top India News, breaking headlines, and real-time updates from across the nation. Stay informed on politics, government policies, crime, Today Weather, and major developments on Hindustan Times
Get real-time updates on CJP Delhi Protest LIVE , breaking headlines, and top India News, breaking headlines, and real-time updates from across the nation. Stay informed on politics, government policies, crime, Today Weather, and major developments on Hindustan Times
