NEW DELHI: Supreme Court Sunday sought responses of Union home secretary Govind Mohan, Delhi police commissioner Anurag Kumar and Delhi metro rail chief D Thara to a contempt petition for prima facie violating the court's Oct 9 order against complete shutdown of metro and train services in Delhi on Saturday to thwart CJP's protest seeking CEC Gyanesh Kumar's resignation.
The court also said lawyers, journalists, and other professionals should not be hindered in performing their duties "in any manner whatsoever".On the ground, nearly 700 people were detained (police claimed 400), many far away from protest zones, while barricading and traffic curbs remained on the roads much like Saturday. Protesters changed strategy, staging flash protests in small numbers at short notice. Most of the action was in and around CP as small groups of protesters kept trickling in.
They were detained.Around 2.30pm, All India Student Association members, including president Neha Bora, started a protest near RK Ashram Marg metro station. As detentions began, Bora and a few others broke away and ran towards CP, where they continued to protest before being detained. Around 7pm, Students Federation of India members gathered at CP to hold a women's tiranga march against alleged police excesses, especially against women protesters.
They were detained and taken away in buses. "How can they detain women at 7pm in the evening?" SFI general secretary Srijan Bhattacharya said.The widespread detentions - 7,000 estimated Saturday - figured prominently in arguments by the lawyers at SC's unusual holiday hearing on Sunday. Following the submissions, a bench of Justices Joymalya Bagchi and V Mohana said, "...we are of the opinion that the petitioners have made out a prima facie case.
Accordingly, we issue notice upon the alleged contemnors". It asked them to file their responses by Oct 13.Normalise internet connectivity, ensure free movement in city: SCWe understand the gargantuan magnitude of detentions. We will have to seek a response from govt," the bench said after hearing the petitioners, who included advocate Shailendra Mani Tripathi, CPM MP M A Baby, RJD MP Manoj Jha and lawyer intervenors like Shadan Farasat, who was detained along with other advocates outside SC on Saturday.The bench asked for normalisation of internet connectivity and prohibition of "illegal" detentions, especially of those who gather for peaceful protest away from areas where prohibitory orders are in force. "There shall be no illegal detentions, particularly in cases of peaceful unarmed assemblage of people beyond the area where prohibitory orders under Sec 163 of BNS are in force," it said.On Oct 9, SC had restrained authorities from resorting to blanket closure of metro stations, though it said operations could be regulated depending on the situation.
The order came after DMRC said 57 stations would be shut; that number was later revised to 45.Solicitor general Tushar Mehta disputed allegations of violation of the Oct 9 order and said Delhi Metro was functioning normally, though 45 out of 303 stations were closed to maintain law and order. He refuted the allegation that metro stations were closed, saying that "all metro stations are open since 10pm Saturday, trains are operating normally and internet connection has been restored".SC also issued directions to ensure free movement in the city subject to law and order situation/traffic regulations and that installing barricades shall be reviewed forthwith to ensure free movement subject to law and order and traffic requirements. "Lawyers, journalists and other professionals shall not be hindered in discharge of their professional duties in any manner whatsoever," SC said, and also directed withdrawal of prohibitory orders around SC and courts to facilitate free access to litigants and lawyers.Over 100 lawyers led by senior advocate and MP Kapil Sibal slammed the police brutalities on protesters, and accused authorities of continuing with the shutdown of metro and train services in complete disregard of the SC order and of illegal detention of protesters even in areas where the prohibitory orders were not in force.Sibal argued that internet shutdown was a blow to fundamental right to free speech and flagged detention of lawyers who participated in the protest.
Senior advocate Farasat, who was detained, informed SC he was manhandled and bundled into a police vehicle. Senior advocate and TMC MP Menaka Guruswamy termed the entire episode as "undeclared emergency" worse than what Indira Gandhi had imposed (in 1975).When Sibal thanked the bench for holding court on Sunday because of the extraordinary turn of events, Justice Bagchi said, "We are always at the service of the nation."
Later, Justice Bagchi said, "We know things have deeply affected you (the lawyers) and we do not want to trivialise anything."The bench issued notice to Centre and Delhi Police on a habeas corpus petition questioning detention of TMC politicians Mamata Banerjee, Derek O'Brien and Dola Sen. Solicitor general Mehta said the petition has become infructuous as the detained leaders were released last evening.
As the pro-protest petitioners backed by a team of senior advocates - K K Venugopal, N Hariharan, Shoeb Alam, Arundhati Katju, G Sankaranarayanan, Sanjay Hegde - made a concerted attempt to corner police and Centre by flagging police action, senior advocate Kirti Uppal struck a discordant note by arguing that lawyers should not be stepping into shoes of their political affiliation."I was told that a lawyer's job is inside the courts and not on the streets," he said. The pro-protester lawyers inside the courtroom shouted 'shame, shame' to silence him. The bench asked the lawyers to maintain decorum of the courtroom and maintain silence.