CJP leaders released on promise of good behaviour for one year; Opp to march to SC today
NEW DELHI, Oct 11: The Supreme Court on Sunday directed that people assembling peacefully must not be subjected to illegal detention and ordered the Centre to ensure normal functioning of the Delhi Metro and uninterrupted internet services, subject to law-and-order requirements.
A special bench of Justices Joymalya Bagchi and V. Mohana also issued notice to the Centre while hearing a contempt plea alleging violation of its October 9 order that there should be no “complete prohibition” on metro and train services due to the Cockroach Janta Party (CJP) protest against Chief Election Commissioner Gyanesh Kumar.
Court intervenes after mass detentions
The protest call by the CJP and student groups alleged irregularities in the Election Commission’s functioning, particularly the Special Intensive Revision of voter rolls. Authorities had thwarted a planned gathering at Jantar Mantar on Saturday through a heavy security clampdown that saw more than 7,000 people detained, including CJP leader Abhijit Dipke, opposition leaders and YouTuber Dhruv Rathee.
Solicitor General Tushar Mehta was asked to ensure the Metro runs on its normal schedule, internet services remain undisturbed under the law, and lawyers and journalists are not hindered in their duties.
The bench clarified that its direction on internet access does not curtail powers under the Information Technology Act.
“There shall not be illegal detention, save and except by procedure established by law, particularly with regard to assemblage of people beyond the area within which Section 163 of the BNSS is imposed,” the court said.
It ordered the removal of a board near the Supreme Court premises notifying the imposition of Section 163 of the Bharatiya Nagarik Suraksha Sanhita, which restricts assembly of five or more persons, to ensure citizens and lawyers have free access to justice.
Senior advocates Kapil Sibal, Menaka Guruswamy, Shadan Farasat and Gopal Sankaranarayanan informed the court of widespread detentions, including of lawyers, closure of about 45 metro stations, and alleged use of force against peaceful protesters. Mehta submitted that only 15 per cent of the metro network was restricted and that most detainees had already been released.
The court is also seized of related habeas and force-related pleas.
CJP leaders released with one-year condition
CJP leaders Abhijit Dipke, Ashutosh Ranka and Saurav Das, detained preventively at Delhi airport, were released on Sunday morning after production before an executive magistrate. They were freed on a bond of Rs 50,000 to maintain peace and good behaviour for one year.
The CJP termed the release a “major legal victory” after nearly 24 hours of detention. Delhi Police said the preventive arrests followed due procedure.
Opposition to march to Supreme Court today
Intensifying the agitation, opposition parties will march to the Supreme Court on Monday. Leaders of Opposition Rahul Gandhi and Mallikarjun Kharge have sought a meeting with Chief Justice of India Surya Kant between 4 pm and 5 pm to submit a memorandum demanding an end to alleged “vote chori”, the CEC’s resignation, a halt to the SIR exercise and a return to paper ballots.
Gandhi described the march as a united citizens’ protest beyond party lines. Kharge alleged the security measures reflected the government’s fear of youth agitation and an “undeclared emergency”. Congress leaders accused police of excessive force and targeting journalists and women protesters.
The CJP has renewed its call for protest at Jantar Mantar, while heavy security remains in place in the national capital, especially around the protest zone. (PTI)