Delhi protests: Supreme Court to hear plea seeking contempt action against authorities today

Following the SC order, the DMRC had revised its earlier decision and reduced the number of stations that would remain closed to 45.

THE Supreme Court will hold a sitting on Sunday to hear petitions seeking initiation of contempt proceedings against authorities for detaining Opposition party leaders, cancelling train services and temporarily closing Delhi Metro stations in the wake of Saturday protests by the Cockroach Janta Party and other groups seeking Chief Election Commissioner (CEC Gyanesh Kumar’s resignation.

A bench of Justices Joymalya Bagchi and V. Mohana will hear the petitions.

One of the petitions by Senior Advocate and TMC Rajya Sabha MP Menaka Guruswamy questioned the
preventive detention of Opposition leaders, including four former chief ministers, saying it amounted to suppression of the fundamental right to peaceful protest. The plea challenges their detention from their residences and from the streets. It also challenges the detention of other protesters moving towards Jantar Mantar.

Another petition filed by Advocate Shailendra Mano Tripathi seeks contempt proceedings against Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) Chairperson D Thara for alleged violation of the SC’s October 9 order against temporary closure of Delhi Metro services and cancellation of trains. The petitioners alleged that the measures taken by the authorities were disproportionate.

On Friday, the SC had directed the Centre to ensure that there was no “complete prohibition” on the movement of Metro and trains coming to Delhi on October 10, saying they cannot bring everything to a halt. “It appears that the notifications are overreaching, as they impose a complete ban upon essential public transportation,” the court said and asked Solicitor General Tushar Mehta to impress upon the authorities “to reassess such prohibitions” and ensure that the response remains proportional.

The SC added that “there shall be no outright prohibition on the movement of Metro trains, a prudent decision may be made to permit the operation of Metro trains and other rail services in a suitable and regulated manner. Such a decision should be widely publicised to prevent further inconvenience.”

It also asked the authorities to issue a traffic advisory intimating the public about the service availability.

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The plea said: “Notwithstanding the solemn judicial mandate and the assurance recorded before the Bench of Hon’ble the Chief Justice, the contemnors have consciously maintained a blanket shutdown across transit corridors, persisted with unwarranted train cancellations, and failed to issue or publicise transparent traffic and transit advisories. This deliberate recalcitrance has severely crippled public life across the National Capital Territory, stranded essential travellers and amounts to an intentional attempt to bypass and undermine the authority and majesty of this Hon’ble Court.”

Following the SC order, the DMRC had revised its earlier decision and reduced the number of stations that would remain closed to 45.