India SC to hear pleas over metro curbs, protest detentions

The Supreme Court of India will hold a special hearing today (11 October) on petitions challenging restrictions on public transport and the detention of opposition leaders, lawyers and journalists during protests organised by the Cockroach Janta Party (CJP) in Delhi, reports NDTV.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana is scheduled to hear the matters.

One petition seeks contempt proceedings against government officials for allegedly violating the court’s directions on metro and train services. The other challenges preventive detention during the protests and seeks the release of opposition leaders and other detainees.

Advocate Shailendra Mani Tripathi filed the contempt petition, naming Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) chairperson D Thara as respondents.

The petition alleges that the authorities deliberately disobeyed the Supreme Court’s 9 October order, which directed the Centre to ensure there was no “complete prohibition” of metro and train services connecting Delhi ahead of the protests announced for 10 October.

“This brutal assault on the fundamental rights of the citizens and sheer disregard to the orders of this court amounts to deliberate, intentional attempt on the part of Delhi Metro, Delhi Police and the Union government which must be dealt with an iron hand,” the petition said.

Filed through advocate Chand Qureshi, the plea seeks contempt proceedings against officials for allegedly failing to comply with the court’s directions.

What the Supreme Court ordered

The contempt petition refers to an order issued on 9 October, when the court was hearing a separate plea challenging the closure of 57 metro stations and the cancellation of trains travelling to Delhi ahead of the planned demonstrations.

The protests were called by the CJP and several student organisations against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the functioning of the Election Commission.

During Friday’s hearing, the same bench directed the Centre to ensure that metro and train services connecting Delhi were not completely suspended on 10 October because of the planned protests.

The court observed that authorities could not bring all public transport to a halt in response to a demonstration and said such measures should not cause undue hardship to citizens.

The subsequent contempt petition alleges that the authorities failed to comply with the limits set by the court.

Plea challenges detention of opposition leaders

Senior lawyer and Trinamool Congress Rajya Sabha MP Maneka Guruswamy has also filed a petition concerning the authorities’ actions during the protests.

The petition questions the legality of the detention of political leaders, including former chief ministers and sitting MPs, and alleges that several people were taken into custody from their homes. It also raises concerns over the detention of lawyers who were protesting peacefully and journalists covering the demonstrations.

Guruswamy has argued that preventive detention cannot be used to suppress the fundamental right to peaceful protest. The petition describes the police action against opposition figures and other protesters as illegal and arbitrary, alleging violations of freedom of speech.

According to details accessed by NDTV, the plea asks the Supreme Court to direct that West Bengal Chief Minister Mamata Banerjee and Trinamool Congress leaders Derek O’Brien, Saket Gokhale, Dola Sen and Pratima Mondal be produced before it.

It also seeks a declaration that their detention was illegal and directions for their release.