A plea has been filed in the Supreme Court opposing a contempt petition against authorities over traffic-and-transit curbs during protests in Delhi, stressing that the right to assemble cannot override public order and commuters' mobility.
The application comes amid ongoing contempt proceedings in the top court, where a special Sunday bench of Justices Joymalya Bagchi and V Mohana issued a notice to the Centre over alleged non-compliance with its directions against "complete prohibition" of metro and rail services during a Cockroach Janta Party (CJP) protest.
The intervention plea has been filed by a Delhi resident, Satish Kumar Aggarwal, through advocate Anantha Narayana M G.
The applicant has contended that while peaceful dissent is constitutionally protected, it must be balanced against citizens' right to free movement under Article 19(1)(d) and right to life under Article 21 of the Constitution.
The applicant has submitted that demonstrations since October 6 have choked key arterial stretches in Lutyens' Delhi, including Janpath and Parliament Street, causing immense hardship to office-goers, students and patients.
The application has also cited representations by trader bodies, including the Chamber of Trade and Industry (CTI), which has written to the prime minister pointing to an estimated 70-per cent business slump ahead of festivals like Diwali, and urged the government to designate permanent protest zones outside core commercial areas.
"The interests of non-participating citizens, including senior citizens, patients, persons with disabilities, pregnant women, students, employees and persons dependent upon public transportation, must be duly considered while determining the appropriate relief in the present proceedings," the plea has said.
Relying on the apex court's landmark verdicts in the 2018 Mazdoor Kisan Shakti Sangathan and 2012 Ramlila Maidan cases, the plea has stressed that the right to protest is subject to reasonable restrictions and police must retain lawful discretion to prevent chaos.
The main contempt petition, filed by advocate Shailendra Mani Tripathi, has accused Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) Chairperson D Thara of violating the court's October 9 order.
During Sunday's special sitting, the bench directed the Centre to ensure no illegal detention of peaceful protesters, uninterrupted internet access and normal operations of the Delhi Metro.
The court also ordered the immediate removal of a board outside its premises imposing section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to safeguard citizens' access to justice.
