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Supreme Court to hear on Sunday pleas against violation of order on Delhi curbs, detention of Opposition leaders
A special Bench comprising Justices Bagchi and Mohana will hear the matter. The plea alleges that authorities failed to comply with the court’s directions
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The Supreme Court will hold a special sitting on Sunday, October 11, to hear a contempt plea filed by Shailendra Mani Tripathi against Union home secretary Govind Mohan over the alleged non-compliance with its October 9 directions on public transport restrictions in Delhi ahead of the CJP protest, according to reports. The top court will also hear a plea filed by TMC MP Menaka Guruswamy over the detention of Opposition leaders during the CJP protest in Delhi, according to reports.
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"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.
A special Bench of Justices Joymalya Bagchi and V Mohana will hear the matter. The plea alleges that authorities failed to comply with the court's directions concerning the Delhi protests.
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 multiple locations across the capital as they tried to join the protest called by the Cockroach Janta Party (CJP).
What order did SC pass on curbs on Friday?
SC on Friday had directed the govt and Delhi Police to lift blanket restrictions on Metro and railway services ahead of Saturday’s proposed protests in Delhi, clarifying that security measures cannot result in a complete shutdown of public transport and cause inconvenience to millions of residents.
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A bench comprising Chief Justice of India Surya Kant and Justices Bagchi and Mohana said authorities could regulate train operations to prevent unlawful gatherings but could not bring the entire system to a halt. The bench emphasised that the right of Delhi residents 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,” observed the bench.
The Delhi Metro Rail Corporation (DMRC) revised its order to reduce the number of metro stations slated for closure from 57 to 45 following the SC observations on blanket restrictions on public transport. However, internet was shut around Jantar Mantar and many trains bound for Delhi were cancelled.
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