Supreme Court Issues Contempt Notice Over Curbs in Delhi, Arrest of Leaders During Anti-SIR Protest
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New Delhi: The Supreme Court on Sunday (October 11) issued notices to the Delhi Metro Rail Corporation (DMRC), railway authorities and the Delhi Traffic Police on a contempt plea alleging violations of its October 9 order on restrictions on transport and internet services in the capital during protests against Chief Election Commissioner (CEC) Gyanesh Kumar and the Special Intensive Revision (SIR).
The court sought affidavits and a compliance report from the authorities, as petitioners alleged that restrictions imposed during the October 10 protests had effectively shut down essential transport services and curtailed the movement of people.
A bench of Justices Joymalya Bagchi and V. Mohana said the allegations in the contempt petition made out a prima facie case and issued notice to the alleged contemnors, directing them to respond by Tuesday (October 13).
The contempt petition was filed by advocate Shailendra Mani Tripathi, and it says the authorities continued to close Delhi Metro stations and restrict train services despite the Supreme Court’s October 9 directions in M.A. Baby v. Union of India. The petition said that the Delhi Police’s actions amounted to an “intentional attempt to bypass and undermine the authority and majesty of this Hon’ble Court”.
The plea sought contempt proceedings against Union home secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation chairperson D. Thara for allegedly wilfully disobeying the court’s October 9 directions.
Justice Bagchi asked whether railway authorities had issued advisories to the public and directed them to file responses to the petitions and report on compliance with the court’s orders.
“In the meantime, the metro functioning should continue in accordance with the normal schedule, subject to a public order condition envisaged under Article 19(2),” he said.
The Wire has been reporting on the situation on Sunday, which, too, saw a large number of detentions.
Petitioners allege transport shutdown, illegal detentions
The petitioners alleged that Delhi Metro services were disrupted during the October 10 protests, while New Delhi Railway Station and Hazrat Nizamuddin Railway Station remained closed. They also claimed that no traffic advisories had been issued and that people were subjected to harassment and illegal detention, including outside areas covered by orders issued under Section 163.
A separate petition challenged the legality of the Section 163 order itself.
The government had imposed restrictions on communication and transport services amid the protests. The petitioners also challenged arrests and detentions carried out on October 9 and 10, alleging that the restrictions extended beyond what was necessary to maintain public order.
During Sunday’s hearing, the bench referred to........
