No illegal detention of peaceful protesters, resume Delhi Metro and internet: SC

The Supreme Court on Sunday directed authorities not to illegally detain people gathering peacefully in Delhi and asked the Centre to ensure normal metro services and the restoration of internet connectivity, subject to law and order requirements, amid allegations of restrictions and mass detentions during Saturday’s protest against Chief Election Commissioner Gyanesh Kumar.

A bench of Justices Joymalya Bagchi and V Mohana, which convened for a special hearing, issued notice to the Centre on a plea seeking contempt proceedings over the alleged violation of the court’s 9 October order concerning metro and train services in the national capital.

The bench asked Solicitor General Tushar Mehta to ensure that the Delhi Metro operated according to its normal schedule and that internet services were not disrupted, subject to law and order conditions. It also directed that lawyers, journalists and others should not be prevented from performing their professional duties.

The court said urgent applications had alleged violations of its earlier order and the illegal detention of a large number of people on 10 October.

Senior counsel appearing before the bench alleged that metro services had been disrupted, New Delhi and Hazrat Nizamuddin railway stations had remained closed, traffic advisories had not been issued and people had faced harassment and illegal detention beyond the areas covered by prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Mehta submitted during the hearing that entry and exit had been restricted at 45 of the 303 metro stations across the network on 10 October.

The Supreme Court also heard a habeas corpus petition filed by senior advocate Menaka Guruswamy concerning the detention of political leaders. It said it would hear all lawyers appearing in the matter.

The contempt petition, filed by advocate Shailendra Mani Tripathi, names Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation chairperson D Thara as respondents.

The petition refers to the Supreme Court’s 9 October order, passed in a separate case challenging the closure of 57 metro stations and cancellation of trains to Delhi ahead of the proposed protest.

The demonstration had been called by the Cockroach Janta Party (CJP) and student organisations over alleged irregularities in the functioning of the Election Commission.

Authorities prevented the planned mobilisation at Jantar Mantar on Saturday amid heightened security and the detention of more than 7,000 protesters, including CJP leader Abhijit Dipke, opposition leaders and YouTuber Dhruv Rathee.