One seeks contempt proceedings against the government for allegedly violating the court’s directions. The other is a habeas corpus petition challenging the detention of opposition leaders, lawyers and journalists. The Supreme Court will hold a special hearing on Sunday, October 11, on two petitions arising from the police action and transport restrictions during the Cockroach Janta Party (CJP) protests in Delhi.
On Friday, the Supreme Court directed the government and Delhi Police to lift blanket restrictions on Metro and railway services ahead of Saturday’s proposed protests. Several opposition leaders, including former chief ministers Arvind Kejriwal (AAP), Mamata Banerjee (TMC), Pinarayi Vijayan (CPI-M) and Manik Sarkar (CPI-M), were detained from various locations across the capital as they tried to join the CJP protest. It added that Delhi residents’ right to access public facilities and move freely must also be protected.
“Such preventive detentions cannot be used to suppress the fundamental right to peaceful protest, particularly against leaders who have previously governed States,” Guruswamy told Bar and Bench. It said security measures could not lead to a complete shutdown of public transport and cause inconvenience to millions of residents. The bench said authorities could regulate train operations to prevent unlawful gatherings, but could not bring the entire system to a halt.
