Supreme Court Directs No Illegal Detention of Peaceful Protesters, Issues Notice on Contempt Plea
Court calls for normal metro, rail and internet services in Delhi, while seeking a response over alleged violations of its earlier directions during the CJP protest
New Delhi: The Supreme Court of India on Sunday held a special sitting and directed authorities to ensure that people participating in peaceful gatherings are not illegally detained. The court also issued notice on a contempt petition alleging that its earlier directions on transport restrictions during the Cockroach Janta Party (CJP) protest were violated.
A bench comprising Justices Joymalya Bagchi and V. Mohana directed the authorities to ensure that metro and railway services operate normally unless restrictions are necessary to address public order concerns. It also called for uninterrupted internet services, subject to applicable law, and emphasised that people must be allowed to move freely in accordance with traffic regulations.
The bench stressed that peaceful and unarmed people must not be detained except in accordance with the procedure established by law, particularly in areas where prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita are not in force.
The court also directed authorities to review barricading arrangements in Delhi and ensure that access to courts is not unnecessarily obstructed. It emphasised that lawyers and other professionals should be able to perform their duties without undue interference.
The special hearing followed urgent applications alleging that the court’s October 9 directions had not been properly implemented. The pleas raised concerns over metro station closures, restrictions on railway services, inadequate traffic advisories and the detention of people beyond areas covered by prohibitory orders.
Solicitor General Tushar Mehta informed the bench that entry and exit restrictions had been imposed at 45 of Delhi Metro’s 303 stations on October 10. The court indicated that it would hear the parties concerned before proceeding further.
The contempt petition was filed by advocate Shailendra Mani Tripathi. It names Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation Chairperson D. Thara as respondents. The petition alleges that the authorities failed to comply with the court’s earlier directions concerning metro and railway restrictions ahead of the protest. The allegations are yet to be adjudicated.
The protest was organised by the CJP and student groups against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision of electoral rolls and the functioning of the Election Commission.
The planned gathering at Jantar Mantar on October 10 was prevented amid extensive security measures across the capital. Police detained protesters and several prominent figures, including CJP leader Abhijit Dipke, opposition leaders and YouTuber Dhruv Rathee. Reports also described widespread restrictions on movement and public transport.
A separate habeas corpus petition filed by senior advocate and Trinamool Congress MP Menaka Guruswamy concerning the detention of political leaders was also before the Supreme Court.
The latest directions underline the need for authorities to balance public order measures with constitutional protections for peaceful assembly and freedom of movement. The contempt proceedings remain pending, and the court is yet to determine whether its earlier directions were violated.