The Supreme Court will hold a special Sunday sitting to hear petitions challenging Delhi Police’s crackdown on CJP-led protests and alleged violations of its order on metro and train services.
BY PC Bureau
New Delhi/ October 10: : The Supreme Court will convene a special sitting on Sunday to examine allegations that authorities defied its directions on public transport during the Cockroach Janta Party (CJP)-led protests in Delhi and unlawfully detained opposition leaders, lawyers and journalists during Saturday’s crackdown.A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana is scheduled to hear two petitions—one seeking contempt proceedings over alleged non-compliance with the court’s October 9 order on metro and train services, and another challenging the legality of preventive detentions during the demonstrations.
The petitions bring the police crackdown and restrictions on public transport under immediate judicial scrutiny, raising questions about the balance between law enforcement, citizens’ mobility and the constitutional right to peaceful protest.
Contempt plea alleges violation of Supreme Court order
Advocate Shailendra Mani Tripathi has filed a contempt petition naming Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) Chairperson D Thara as respondents.
The petition alleges that the authorities deliberately disobeyed the Supreme Court’s October 9 order, which directed the Centre to ensure there was no “complete prohibition” of metro and train services connecting Delhi during the protests scheduled for October 10.
According to the plea, metro stations continued to be shut and train services remained restricted despite the court’s directions against bringing public transport to a complete halt because of the demonstrations.
“This brutal assault on the fundamental rights of the citizens and sheer disregard to the orders of this court amounts to deliberate, intentional attempt on the part of Delhi Metro, Delhi Police and the Union government which must be dealt with an iron hand,” the petition states.
Filed through advocate Chand Qureshi, the plea seeks the initiation of contempt proceedings against the authorities for alleged non-compliance with the court’s order.
The October 9 directions were issued while the Supreme Court was hearing a separate petition challenging the closure of 57 metro stations and the cancellation of trains heading to Delhi ahead of the protests. The demonstrations had been called by the CJP and student organisations demanding action against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the functioning of the Election Commission.
During that hearing, the bench directed the Centre to ensure that metro and train services connecting Delhi were not completely suspended on October 10. The court observed that a protest could not become a justification for bringing all public transport to a halt or subjecting ordinary citizens to undue hardship.
Senior advocate and Trinamool Congress Rajya Sabha MP Maneka Guruswamy has also filed a separate contempt petition over the alleged violation of the court’s directions.
Habeas corpus plea challenges detention of opposition leaders
The second petition, filed by Guruswamy, challenges the preventive detention of opposition leaders and others during Saturday’s protests.
The habeas corpus plea questions the legality of detentions involving political leaders, including former chief ministers and sitting MPs. It alleges that some people were taken into custody from their homes and raises concerns over the detention of lawyers participating in peaceful protests and journalists covering the demonstrations.
Guruswamy has argued that preventive detention cannot lawfully be used to suppress the fundamental right to peaceful protest. The petition characterises the police action as arbitrary and alleges violations of constitutional protections for personal liberty and freedom of expression.
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According to the plea, the petition seeks directions for West Bengal Chief Minister Mamata Banerjee and Trinamool Congress leaders Derek O’Brien, Saket Gokhale, Dola Sen and Pratima Mondal to be produced before the court. It asks the Supreme Court to declare their detention illegal and order their release.
The petition invokes Article 21 of the Constitution, which protects the right to life and personal liberty, arguing that any deprivation of liberty must follow a procedure established by law that is fair, just and reasonable.
It further contends that the mere existence of protests in the capital cannot, by itself, justify the detention of opposition leaders or other demonstrators.
Habeas corpus provides a judicial mechanism to examine the legality of detention and seek the release of a person held unlawfully.
Judicial scrutiny of protest restrictions
The two petitions raise distinct but connected questions: whether authorities complied with the Supreme Court’s directions on public transport, and whether the preventive detentions carried out during the protests were legally justified.
The contempt allegations remain to be adjudicated, as do the claims that the detentions were unlawful. The Sunday hearing will bring the government’s handling of the protests under close judicial scrutiny at a time when the CJP and opposition parties have vowed to continue their agitation against Kumar and the Election Commission.
The proceedings could also clarify the limits of administrative restrictions imposed in anticipation of demonstrations, particularly when those restrictions affect public transport and the exercise of fundamental rights.
