Supreme Court Raps Centre Over Crackdown on CJP Stir

New Delhi: The Supreme Court on Sunday came down heavily on the Centre over the handling of the CJP protests a day earlier and directed that people gathering peacefully should not be illegally detained, as it asked the authorities to ensure that Delhi Metro functions normally and that there is no disruption to Internet services, subject to reasonable restrictions.

In a special hearing held on Sunday, a two-judge bench of Justice Joymalya Bagchi and Justice V. Mohana issued a notice to the Centre while hearing a plea seeking contempt proceedings for alleged violation of the apex court’s October 9 directions to ensure that there is no “complete prohibition” on metro and train services in Delhi due to the CJP protest.

Noting that a “prima facie” case was made out in the contempt plea, the top court issued notices to the Union Home Secretary Govind Mohan, Delhi police commissioner Anurag Kumar and Delhi Metro Rail Corporation chairperson D. Thara, asking them to file affidavits and compliance reports by Tuesday.

The top court also took note of solicitor-general Tushar Mehta’s assurance that journalists and other professionals shall not be impeded in discharge of their professional duties and ordered, “Lawyers, journalists and other professionals shall not be hindered in discharge of their professional duties in any manner whatsoever.”

Notwithstanding the top court’s directions, the Delhi police, however, on Sunday detained several journalists, activists and lawyers. The journalists were detained despite showing valid press cards.

The police earlier in the day also entered the Press Club of India during a conference by CJP leaders Saurav Das, Ashutosh Ranka, Ratna Singh and SFI’s Aishe Ghosh on their detention and seizure of mobile phones.

The police personnel remained ensconced in the hall during the conference and tailed the CJP and SFI leaders after they left the Press Club’s conference hall.

“Having considered the submissions of the learned counsel for the parties and perused the averments in the Contempt Petition, we are of the opinion that the petitioners have made out a prima facie case. Accordingly, we issue notice upon the alleged contemnors. They are directed to file a counter affidavit to the said petition, including a compliance report in terms of our order as aforesaid by October 13. Their personal presence is dispensed with in the meanwhile,” the top court said in its 11-page order on the contempt plea.

The Supreme Court also noted Mehta’s submission that Internet facilities have since been restored and all metro railway stations are fully functional. “Internet facilities shall remain undisturbed, as per law… When we are saying Internet facilities shall remain undisturbed, we are not taking away the powers under the Information Technology Act. There shall not be illegal detention, save and except by procedure established by law, particularly with regard to the assemblage of people beyond the area within which it (section 163 of the BNSS) is imposed,” it said.

The apex court ordered that a board be put up outside its premises stating that section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which prohibits the assembly of five or more persons, shall be taken down. “We have been informed that a notice board stating the imposition of section 163, BNSS, in and around the vicinity of the Supreme Court has been put up. We direct the authority concerned to take down this board, if not already done, so that citizens as well as lawyers can have access to justice,” it ordered.

The top court also directed that peaceful assemblies must be allowed in accordance with law, especially outside areas where prohibitory orders under Section 163 BNSS are in force. It said that habeas corpus petitions alleging mass detentions and other connected matters will be heard with the main cases on October 13.

Underlining the importance of free movement of people subject to traffic regulations, the top court ordered that the requirement of barricades be reviewed.

Underscoring that it is duty-bound under Article 32 to protect and enforce fundamental rights, the top court reminded the agitators that protests should be peaceful and should not instigate others.

Mehta submitted that entry and exit were restricted at only 45 of the 303 stations on October 10, accounting for only 15 per cent of the entire metro network, adding that trains operated as per schedule on Saturday. He said the petitions that sought the release of the detainees do not survive, as most of those detained have already been released.

As the hearing commenced, the top court said it will grant a hearing to all lawyers while dealing with a plea seeking contempt proceedings against authorities for an alleged blatant violation of the court’s direction on the matter. The top court was also hearing a habeas petition filed by senior advocate Maneka Guruswamy against the detention of political leaders. It is also seized of a plea by RJD leader Manoj Jha, alleging disproportionate use of force by the Delhi police during the protests against the CEC and the poll panel.

The RJD MP has alleged that police indulged in illegal detention, abduction, house arrests of unarmed protestors, student leaders, lawyers, politicians and civilians, as well as “sexual harassment of women protesters”.

The contempt plea, filed by advocate Shailendra Mani Tripathi, has arrayed Mohan, Kumar and D. Thara as respondents. The petition has referred to the top court’s October 9 order, which was passed while hearing a separate plea against the closure of 57 metro stations and cancellation of trains to Delhi in view of the protest. The Delhi Metro closed 45 stations from 9 pm on Friday till 6 pm on Saturday for security reasons, according to an advisory.

On Sunday, senior advocate Kapil Sibal, appearing for the Rashtriya Janata Dal told the top court that police are detaining people from trains and anyone outside the 4 km radius of Jantar Mantar, where prohibitory orders are in place. He submitted that despite its October 9 order, 45 metro stations were closed for the entry and exit of passengers.

Guruswamy said around 45 detention centres have been opened in the city and around 7,000 people, including opposition leaders, were detained. She contended that metro stations, namely the GTB Nagar and Vishwavidyalaya Metro stations, besides other stations, were completely shut out to the public, and there has been a deliberate and wilful violation of the court’s order.

Senior advocate Shadan Farasat, who was detained by the Delhi police during the protests on Saturday, submitted that he was “brutalised” along with a large number of lawyers and said the situation in the city was remarkably suppressive. “It is about the citizens’ right to protest. The sense I got yesterday was that we were one step away from a police state. Kindly restore the citizens’ right to protest peacefully in the capital. Yesterday, that right was destroyed,” he said.

Senior advocate Gopal Sankaranarayanan informed the court that senior advocates Dinesh Dwivedi, Uttara Babbar and Farasat were detained and individuals marching peacefully were subjected to violence. Sankaranarayanan said free movement of individuals should be completely restored, all barricades removed and services at metro stations must be directed to be restored.

While hearing the petition on Friday, a bench of Chief Justice of India Surya Kant and Justices Bagchi and Mohana directed the Centre to ensure that there was no “complete prohibition” of the movement of metro and trains coming to Delhi on October 10 due to the protest, saying they cannot bring everything to a halt.

Though the law-enforcement agencies have the right to take steps to restrict unruly movement, citizens should not be unduly harassed, the court had said.

In its October 9 order, the court said, “It appears that the notifications are overreaching, as they impose a complete ban upon essential public transportation. Upon our indication that a distinction exists between total “prohibition” and the “regulation” of metro and other train movements, the solicitor general of India has fairly agreed to impress upon the authorities to reassess such prohibitions.”

“Regarding that assurance, we clarify that although there shall be no outright prohibition on the movement of metro trains, a prudent decision may be made to permit the operation of metro trains and other rail services in a suitable and regulated manner,” it said.

The top court said such a decision should be widely publicised to prevent further inconvenience. It said a traffic advisory should also be published in respect of smooth movement of vehicles in newspapers and on online platforms to ensure that no hardship or inconvenience is caused to the public in the course of travelling within the city.

The Cockroach Janta Party (CJP) and some student organisations gave the protest call for Saturday agitation against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the conduct of the special intensive revision electoral rolls by the Election Commission.

The government thwarted a planned mass mobilisation at Jantar Mantar on Saturday after an unprecedented security clampdown and the detention of over 7,000 protesters, including CJP leader Abhijit Dipke, several Opposition leaders, including four former chief ministers.