Amid the ongoing protests in the national capital, the Supreme Court on Sunday directed the authorities to ensure that there are no illegal detentions, free and smooth movement of people is allowed, Metro and train services function normally, and internet services are not disrupted, all subject to law and order conditions.

A bench of Justices Joymalya Bagchi and V Mohana held a special sitting to hear petitions challenging the restrictions put in place on Saturday, allegedly in contempt of the court’s directions on Friday to ensure that there is no complete prohibition on the movement of Metro and trains, and the detention of protesters including political leaders.

Prima facie contempt, notices issued

Saying that there was a prima facie contempt case, the bench issued notices to the Centre, Delhi Police and the Delhi Metro Rail Corporation to file counter affidavits and submit compliance reports, including a compliance report in terms of the court’s earlier order, by October 13.

In the interim, the bench directed that Metro and rail facilities shall function normally unless regulations are required keeping in mind disturbance to public order under Article 19(2) of the Constitution. Free movement of people in the city shall be permitted subject to traffic regulations, and the requirement of imposing barricades shall be reviewed forthwith.

No detention of peaceful assembly

The bench said internet facilities shall remain undisturbed, while clarifying that it was not taking away the administration’s powers to act under the Information Technology Act. It directed that there shall be no detention, save and except by procedure established by law, particularly with regard to peaceful, unarmed assemblage of people beyond the area where Section 163 of the Bharatiya Nagarik Suraksha Sanhita is in operation, which empowers executive magistrates to issue urgent temporary orders on public assembly.

After being informed that a notice board stating imposition of Section 163 had been put up in and around the precincts of the Supreme Court, the bench directed the authority to take down the board so that there is no apprehension regarding ingress or egress to the court.

What was argued, and the response

Senior advocate Kapil Sibal said the police were picking up people from trains and detaining them from outside the demarcated 4-km radius around Jantar Mantar, with internet suspended and 45 Metro stations closed on Saturday despite the court’s directions. Senior advocate Shadan Farasat, detained on Saturday, said he had been thrown into a moving bus and urged the bench to restore citizens’ right to protest peacefully.

Appearing for the Centre, Solicitor General Tushar Mehta said internet had been restored and Metro and train services were fully functional, with zero reduction in operations on October 10. He said only 45 of the 303 stations had been closed, all reopened by 10 pm on Saturday, those detained had been released, and lawyers, journalists and professionals would not be impeded. The court is likely to hear the matter again on October 13.