New Delhi: The Supreme Court on Sunday ordered the restoration of normal Metro and railway operations in Delhi and made it clear that peaceful, unarmed protesters cannot be detained except through the procedure established by law, amid allegations of sweeping curbs ahead of demonstrations against Chief Election Commissioner Gyanesh Kumar.
A special bench of Justices Joymalya Bagchi and V Mohana issued the directions at an urgent hearing held on a Sunday after petitions claimed large-scale detentions, curbs on movement, disruption of internet services and violation of the court’s October 9 order relating to transport restrictions.
The court said Metro and train services must continue normally unless any restriction becomes necessary to address a disturbance to public order under Article 19(2) of the Constitution. It also allowed free movement of people across the city, subject to traffic regulations, and directed an immediate review of barricades in view of law-and-order and traffic conditions.
Petitioners Allege Violations
During the hearing, senior counsel told the bench that authorities had breached the court’s earlier directions by shutting down Metro services, keeping New Delhi and Hazrat Nizamuddin railway stations closed and failing to issue traffic advisories. They also alleged that people were harassed and detained unlawfully even outside the area covered by prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
“Senior counsels submitted there was a flagrant violation of the directions — metro railway was not functioning, New Delhi and Nizamuddin railway stations remained closed, no traffic advisories were issued and a large number of persons were subjected to undue harassment and illegal detention even beyond the area which was covered by the prohibitory order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,” the bench said during the urgent hearing.
Five Directions To Authorities
The Supreme Court issued five directions: Metro and rail facilities shall function normally unless restrictions are required for public order under Article 19(2); free movement of people shall be permitted subject to traffic regulations; barricades shall be reviewed forthwith; internet facilities shall remain undisturbed; and smooth movement of people shall be allowed in accordance with law, as reported by Hindustan Times.
On detentions, the court ordered that no person be detained except by procedure established by law, particularly members of peaceful and unarmed assemblies beyond the area where Section 163 BNSS prohibitory orders are in operation.
The bench further directed Solicitor General Tushar Mehta to ensure that lawyers, journalists and other professionals are not obstructed while discharging their professional duties.
The directions came a day after authorities imposed extensive security and transport restrictions in Delhi ahead of Saturday’s proposed protest by the Cockroach Janta Party against the Chief Election Commissioner.