New Delhi: The Supreme Court on Sunday directed authorities to ensure that people participating in peaceful gatherings are not illegally detained, emphasising that any detention must follow the procedure established by law. The directions came amid allegations of police excesses and preventive detentions during protests in Delhi over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
A bench comprising Justices Joymalya Bagchi and V Mohana said peaceful protesters should not be detained unlawfully, particularly in areas not covered by prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The court also directed that Metro and railway services should function normally unless restrictions were necessary to maintain public order. Internet services should remain uninterrupted in accordance with the law, while the movement of people and traffic should be facilitated subject to lawful restrictions and traffic requirements.
Notices issued over alleged contempt
The Supreme Court issued notices to the Union Home Secretary, Delhi Police Commissioner and Delhi Metro Rail Corporation (DMRC) in contempt proceedings concerning alleged violations of earlier court orders on transport restrictions during the protests.
The bench also directed authorities to remove notices announcing Section 163 restrictions in and around the Supreme Court premises, if they had not already been removed. It stressed that lawyers should not be prevented from performing their professional duties.
The special Sunday hearing followed petitions challenging police action during Saturday’s demonstrations. The pleas raised allegations of detentions involving political leaders, lawyers, journalists and members of the public, as well as claims of assaults on advocates and mediapersons, internet restrictions and the closure of 45 Metro stations.
Court examines restrictions on movement
During the hearing, senior advocate Kapil Sibal sought relief against restrictions that allegedly prevented people from reaching Delhi and the designated protest venue at Jantar Mantar. He also raised concerns about disruptions to railway services and Metro station closures, arguing that citizens should be allowed to exercise their right to peaceful protest within the framework of the law.
The bench asked authorities to review barricades in light of law-and-order and traffic requirements. It also sought a map from DMRC identifying stations that had been closed and those that remained operational.
Solicitor General Tushar Mehta informed the court that all Metro stations had reopened by 10 pm on Saturday and that internet services had been restored.
The court reiterated that Metro and rail services should operate normally unless restrictions were necessary to address a public-order situation.
Petitions raise allegations of police excesses
Several petitions questioned the legality and extent of the restrictions imposed during the demonstrations. One plea alleged that authorities had violated an earlier Supreme Court order against a complete prohibition on Metro and railway services into Delhi.
Other petitions challenged the alleged preventive detention of political leaders and lawyers, as well as the reported use of force against advocates and mediapersons.
The bench indicated that the government would be required to respond to allegations of unlawful detention, excessive force and possible violations of statutory duties. Questions were also raised about the restrictions imposed around the Supreme Court premises and whether affected people had been adequately informed.
The protests were organised amid demands for the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the SIR process. The allegations and the legality of the police action remain subject to judicial proceedings.
The Supreme Court is scheduled to hear the matters again on Tuesday, when the government is expected to respond to the issues raised in the petitions.
