SC to hear habeas corpus plea on Delhi protest detentions, contempt petition over metro shutdown on Sunday

NEW DELHI: The Supreme Court is scheduled to hear on Sunday a habeas corpus petition filed by senior advocate Menaka Guruswamy challenging the preventive detention of protesters during Saturday’s demonstrations in Delhi.

According to the cause list, a special Bench of Justices Joymalya Bagchi and V Mohana will hear Guruswamy’s petition on Sunday, when the apex court is ordinarily closed.

The Supreme Court decided to take up the matter in view of its seriousness and sensitivity.

Challenging the preventive detentions during Saturday’s protests at Jantar Mantar, Guruswamy has questioned the detention of opposition leaders.

The protest saw the participation of Cockroach Janta Party (CJP) activists and members of various other political parties. In her plea, Guruswamy stated that four former chief ministers were among those detained preventively during the demonstrations.

She argued that such detentions cannot be used to suppress the fundamental right to peaceful protest, particularly in the case of former heads of state governments. She also criticised the police for detaining protesters from the streets and picking up leaders from their residences.

The Supreme Court is also expected to hear a contempt petition filed by lawyer Shailendra Mani Tripathi, alleging that authorities violated the court’s 9 October order. Tripathi has alleged that Delhi Metro stations remained closed on Saturday despite the court’s direction against a complete shutdown of public transport ahead of the protests.

The petition names Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) chairperson D Thara, alleging non-compliance with the Supreme Court’s order through the closure of Metro stations.

Speaking to The New Indian Express (TNIE), Tripathi said he had approached the apex court because the authorities had disregarded its order issued the previous day.

“The authorities, police and others have completely forgotten yesterday’s SC order, which strictly said that public transport should be permitted to operate in a regulated manner to avoid inconvenience to Delhi residents,” he said.

The petitioner alleged that the authorities continued to impose arbitrary restrictions, including the closure of Metro stations and the cancellation of train services, despite the Supreme Court’s direction that public transport should operate in a regulated manner to minimise inconvenience to commuters.

The petition contended that the continued restrictions had severely “crippled public life” in the national capital, causing hardship to commuters who were not provided with adequate traffic advisories.

“Notwithstanding the solemn judicial mandate and the assurance recorded before the Bench of the Chief Justice, the Contemnors have consciously maintained a blanket shutdown across transit corridors, persisted with unwarranted train cancellations, and failed to issue or publicise transparent traffic and transit advisories. This deliberate recalcitrance has severely crippled public life across the National Capital Territory, stranding essential travellers, and amounts to an intentional attempt to bypass and undermine the authority and majesty of this Court,” the petitioner stated.

Tripathi alleged that the authorities’ actions amounted to wilful disobedience of the court’s order and sought strict action under the Contempt of Courts Act against the officials and authorities concerned.

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