A day after mass detentions and a “curfew-like” clampdown on civil rights, which senior lawyers compared to the 1975 Emergency, the Supreme Court convened what it called an “extraordinary, exceptional” Sunday hearing to direct the Union government and the Delhi Police to allow free and smooth movement of people and traffic, as well as the operations of Metro and rail services, but “subject to law and public order”.
The build-up to the hearing was punctuated by verbal confrontations over seating arrangements for senior police officers present in the courtroom. Is this an undeclared Emergency? What is at stake here is whether citizens can peacefully protest. If so, this is done only during the Emergency,” Ms. Guruswamy submitted. Senior advocate K.K. Solicitor General Tushar Mehta, appearing for the Union government and the Delhi Police along with Additional Solicitor General S.V. “On the question of the legality of the arrests, it is for Your Lordships to decide.
The court ordered the police to forthwith review the imposition of barricades on public roads, ensure that Internet connectivity was not disturbed, and lift prohibitory orders issued under Section 163 BNSS in and around the Supreme Court and other courts of law in the capital to facilitate litigants’ access lawyers and justice. Protect the right of citizens to peacefully protest in the capital city,” senior advocate Shadan Farasat, who was dragged into a police van and detained for hours on October 10 told the court. The last time we came to court against a situation like this was 50 years ago during the Emergency. Has Article 19 been suspended? Venugopal recounted how a junior colleague was detained by a police team right outside the Supreme Court and driven 11 km away for no apparent reason. Raju, admitted that protesters were removed at 2 p.m. and released at 6 p.m. on October 10. To a submission that police officers were injured too on October 10, Justice Bagchi said the court was agnostic about the identities of the injured, but would look into grievances equally.
The morning began with the Bench changing courtrooms at the last moment, before 10.30 a.m., due to overcrowding. Because they think the electoral system is not free and fair, “It is not just that there was no free movement allowed; it is not just that Opposition leaders were picked up from their homes; it is not just that protestors were hurled into vans and driven away by police officers without name tags… It is about young people taking to peaceful protests.
The video-conferencing link was not operational due to a “glitch” and was later found to be chock-a-block with viewers. One of the lawyers, who had been detained on October 10, urged his colleagues to offer the women police officers seats, saying, “They are our guests”. I will have to file a reply to the petitions filed in court,” he said.
“Yesterday, we were one step away from a Police State.
