The Supreme Court on Tuesday adjourned to October 15 a clutch of petitions challenging alleged detentions, assault of protesters and sweeping restrictions on public transport ahead of a demonstration demanding chief election commissioner Gyanesh Kumar’s resignation, as one of the judges on the bench was unwell.
A bench, comprising Chief Justice of India (CJI) Surya Kant and justices Joymalya Bagchi and V Mohana, deferred the batch of around a dozen petitions after both sides agreed to an adjournment to enable Justice Mohana to recover. The adjournment comes amid mounting legal scrutiny of the police action against protesters in Delhi and restrictions imposed ahead of Saturday’s demonstration called by the Cockroach Janata Party (CJP) and other political groups over alleged irregularities in the special intensive revision (SIR) of electoral rolls. It also ordered that metro and railway services operate normally, internet connectivity remain undisturbed and free movement be restored, subject to lawful restrictions. The bench further directed authorities to remove notices imposing prohibitory restrictions around the Supreme Court and other court complexes to prevent any apprehension about access to justice. The bench sought details of the affected stations and directed the authorities to file affidavits explaining the circumstances in which protesters were detained, the manner of their detention and the legal justification for the action. The court’s intervention came against the backdrop of concerns raised by lawyers over alleged police excesses, including the detention and manhandling of senior advocates. During Sunday’s hearing, senior advocate Shadan Farasat, appearing for the Supreme Court Advocates-on-Record Association (SCAORA), described the situation in Delhi as suppressive, while senior advocate Gopal Sankaranarayanan alleged that lawyers, students, women and children had been pushed, shoved or assaulted during the crackdown. “There should not be any obstruction in the functioning of the Court.
Solicitor general Tushar Mehta, appearing for the Centre and Delhi Police, disputed the allegations, maintaining that metro services had operated normally, although entry and exit were restricted at 45 of the Delhi-NCR network’s 303 stations.
On Sunday, a special bench of justices Bagchi and Mohana directed that peaceful, unarmed protesters could not be detained except in accordance with the “procedure established by law”. There should not be any impediment in the movement of the lawyers, their clerks, court staff or litigants,” he told Supreme Court Bar Association president and senior advocate Pradeep Rai, who sought the listing of a fresh petition concerning the alleged detention of lawyers and suspension of internet services.
The court also granted Delhi Police and other authorities time until Wednesday evening to file their responses to notices issued in contempt proceedings alleging disobedience of its earlier directions. On Monday, CJI Kant cautioned lawyers against allowing the Supreme Court to be drawn into the political contest surrounding the protests, while making clear that the court had no objection to democratic activities conducted at designated places.
