The Supreme Court on Sunday directed the authorities concerned not to carry out illegal detentions in Delhi as protests resumed in the national capital seeking the resignation of Chief Election Commissioner Gyanesh Kumar in connection with irregularities in the Special Intensive Revision (SIR).
In an order issued after a two-hour special sitting, the SC bench of Justices Joymalya Bagchi and V Mohana said: "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 it's imposed."
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The court was hearing petitions seeking initiation of contempt proceedings against authorities for detaining Opposition party leaders, including four former chief ministers - Pinarayi Vijayan, Arvind Kejriwal, Mamata Banerjee and Manik Sarkar - who were also detained while attempting to join the protest. It also heard petitions challenging the cancellation of train services to the capital and the closing of Delhi Metro stations. Senior advocate and TMC MP Menaka Guruswamy was among those who moved the court.
The Delhi Police detained more than 7,000 protesters, including supporters and leaders of the Cockroach Janta Party (CJP), foiling their attempt to reach Jantar Mantar.
"Metro and rail facilities shall function normally, unless regulations are required to be imposed, keeping in mind disturbance to public order as envisaged under Article 19(2) of the Constitution," the SC bench said.
"Free movement of people and traffic in the city... Similarly, free movement of people in the city shall be permitted, subject to traffic regulations.
"Barricades imposed shall be reviewed. The requirement of imposition of barricades shall be reviewed forthwith, keeping in mind law and order and other traffic conditions," said Justice Bagchi, dictating the order.
"Internet facilities shall remain undisturbed, as per law....When we are saying internet facilities shall remain undisturbed, we are not taking away the powers under the Information Technology Act.
"Smooth movement of people in the city shall not be hindered, and shall be permitted in accordance with law," the court said.
As per reports, more than 30,000 police and paramilitary personnel were deployed in the city. CJP leaders Abhijeet Dipke, Ashutosh Ranka and Saurav Das, who had been detained from a flight, upon arrival in Delhi on Saturday, were released Sunday morning. YouTube Dhruv Rathee, who had been detained from his house, was also released after 24 hours.
Meanwhile, the Opposition, INDIA bloc, has planned a protest march towards the Supreme Court on Monday against the SIR exercise. The SC bench on Sunday also ordered the removal of a notice board in the vicinity of the court stating the imposition of Section 163 BNSS. "We direct the authority concerned to take down this board, if not already done... If not already done, so that citizens as well as lawyers can have access to justice," the court said.
