Supreme Court cracks down on protest curbs, seeks answers from Centre, Delhi Police

NEW DELHI: The Supreme Court on Sunday directed authorities not to detain peaceful, unarmed protesters except in accordance with the procedure established by law. The court also sought explanations from the Centre and Delhi Police over alleged violations of its earlier directions on restrictions imposed ahead of a protest demanding Chief Election Commissioner Gyanesh Kumar's resignation.

A Bench comprising Justices Joymalya Bagchi and V. Mohana issued the directions during a special Sunday sitting after hearing contempt petitions alleging non-compliance with the court's October 9 directions on public transport restrictions and separate allegations of illegal detention.
The court issued notices to Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar, and Delhi Metro Rail Corporation (DMRC) chairperson D. Thara, asking them to explain why the court should not initiate contempt proceedings against them. The matter was listed for further hearing on October 13.

The Bench observed that the petitioners had made out a prima facie case of contempt. The finding does not constitute a final determination of contempt, and the authorities have been given an opportunity to respond.
Solicitor General Tushar Mehta disputed the allegations of non-compliance and submitted that all those taken into custody had been released. He also told the court that all 303 Metro stations had reopened by 10 pm on Saturday and that internet connectivity had been restored. According to his submission, 45 stations had been closed to maintain law and order.

The petitioners, however, alleged that 45 Metro stations had been shut on Saturday and that internet services had been suspended within a four-kilometre radius of Jantar Mantar.
The court reiterated that peaceful and unarmed gatherings outside areas where prohibitory orders are in force should not be subjected to detention except in accordance with the procedure established by law. The directions do not exempt protesters from lawful action where the applicable legal requirements are met. The Bench also stressed that protests must remain peaceful and should not provoke disturbances.

Supreme Court directs normal public transport, uninterrupted internet

The court directed that internet connectivity in Delhi should remain uninterrupted and that Metro and railway services should operate normally, subject to restrictions warranted by a law-and-order situation. It also directed the authorities to ensure freedom of movement and review the barricades erected across the city. Restrictions should not amount to a blanket prohibition on public transport, the court said.

The Bench further directed that journalists, lawyers and other professionals should not be obstructed from carrying out their work. It also ordered the removal of a board announcing prohibitory restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) from the area around the Supreme Court, if it had not already been removed, to ensure unhindered access to the court.

The proceedings followed the Supreme Court's October 9 intervention against a complete shutdown of Metro and railway services in Delhi ahead of the October 10 protest. The court had permitted authorities to regulate services while making clear that they should not impose a blanket prohibition on public transport.