Key Takeaways From Supreme Court's Observations On Delhi Curbs During CJP Protest

A Supreme Court bench in a special sitting on Sunday heard a batch of petitions against the curbs implemented by the Centre, including cancellation of trains coming to Delhi, closure of metro stations, diversions on multiple routes and detention of thousands of protesters. The top court was apprised of the restrictions put in place in Central Delhi, and around the Supreme Court as well. 

The matter came before a bench of Justices Joymalya Bagchi and V Mohana, against the steps Delhi police and other security forces took to contain the Cockroach Janta Party's (CJP) protest on Saturday against Chief Election Commissioner (CEC) Gyanesh Kumar.

Key Takeaways By Supreme Court

Metro rails to function normally until and unless regulations required to be imposed keeping in mind disturbance to public order envisaged under Article 19.

Free movement of people in city shall be permitted, subject to traffic regulation. 

Requirement of imposition of barricades shall be reviewed forthwith, keeping in mind public order and traffic situation. 

Internet facilities to remain undisturbed as per law.

Smooth movement of people in city be permitted in accordance with law.

There shall not be illegal detentions (except in accordance with law), in respect of peaceful, unarmed assemblage of peole, especially beyond area in which BNSS Section 163 is enforced.

We have been informed that a notice under BNSS Section 163 has been imposed in and around the Supreme Court. We direct the authorities to take down the restriction so that there is no apprehension of access to justice

Please ensure you only protest peacefully and not instigate people, the court told lawyers.

We remain neutral arbiters but we remain duty bound to protect fundamental rights under Article 32.

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CJP's Delhi Protest

A total of 45 metro stations were closed for passengers, and trains arriving at Nizamuddin and New Delhi railway stations from 4:00 am to 2:00 pm. Internet services in the area were also curtailed by the officials.

On Friday, a bench of Chief Justice Surya Kant, Justices Bagchi and Mohana had ordered the Centre to ensure there was no "complete prohibition" of the movement of metro and trains coming to Delhi on October 10. 

During Sunday's hearing, the petitioners 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. 

The Supreme Court passed initial orders in the matter, stating it is bound to protect fundamental rights and sought officials' compliance response on Tuesday.