New Delhi: The Supreme Court held a special Sunday hearing on matters related to the detention of protesters during demonstrations in Delhi, restrictions at metro stations, and disruptions to internet services. A bench comprising Justice Joymalya Bagchi and Justice V. Mohana clarified that no individual should be detained without strictly following the procedure established by law. The bench emphasized that arbitrary action must not be taken against individuals gathered peacefully and unarmed outside restricted areas.
The Supreme Court directed that metro and train services operate according to normal schedules, with restrictions imposed under rules only when necessary to maintain public order. The bench also instructed authorities to normalize traffic movement across the city, conduct an immediate review of barricades placed at various points, and restore internet services while ensuring lawyers are not hindered from performing their professional duties.
During the hearing, senior advocates Kapil Sibal, N. Hariharan, Gopal Sankaranarayanan, Shadan Farasat, Shoaib Alam, and Menaka Guruswamy raised issues concerning the detention of protesters and lawyers, alleged use of force, and movement restrictions across the city. They argued that peaceful protest is a constitutional right and police action disrupted professional and civic duties.
Counsel for the petitioners sought the removal of barricades, restoration of movement, and judicial review of video footage related to the police action. Senior advocate Shoaib Alam claimed individuals were detained from trains and home raids were conducted to prevent people from reaching protest sites, alleging large-scale detentions.
Solicitor General Tushar Mehta informed the court that individuals named in the petition regarding detention were removed from the protest site at 2:00 PM and released around 6:00 PM. He clarified that no reduction was made in overall metro operations on October 10, though entry and exit restrictions were enforced at 45 out of 303 metro stations, with all stations reopened and operational by 10:00 PM Saturday. He added that internet services had been restored.
The bench requested photographs showing the status of metro station access to evaluate accessibility and the nature of restrictions. The court directed authorities to comply with its October 9 order and file a response to the contempt petition by Tuesday. The bench added that any remaining notice boards regarding Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) near the Supreme Court should be removed to eliminate apprehensions regarding access to justice.
The hearing took place on a contempt petition filed by advocate Shailendra Mani Tripathi alleging that authorities were closing metro stations and halting rail services despite the court’s October 9 order. The bench remarked that it has no objection to the right to protest, provided demonstrations adhere to established legal procedures, while stressing the need to review movement restrictions imposed in the name of law and order.
