New Delhi: Union Home Secretary Govind Mohan has tendered an unconditional and unqualified apology to the Supreme Court in response to a contempt notice over restrictions imposed in Delhi during the October 10 protests, submitting that there was no wilful or deliberate non-compliance with the court’s October 9 order.
According to Bar and Bench, the Supreme Court has held that a prima facie case of contempt of court has been made out over the alleged violation of its directions concerning restrictions on Metro and railway services during the protests.
A Bench of Justices Joymalya Bagchi and V Mohana recorded the finding in a written order following a special Sunday hearing on a contempt petition filed by advocate Shailendra Mani Tripathi. The petition named Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) Chairperson D Thara.
The petition alleged that authorities proceeded with restrictions on public transport despite the Supreme Court’s directions against a complete prohibition on Metro and railway operations during protests demanding the resignation of Chief Election Commissioner Gyanesh Kumar. The demonstrations came amid growing criticism of the Election Commission of India’s Special Intensive Revision (SIR) of electoral rolls.
On October 9, the Supreme Court had observed that notifications restricting public transport ahead of the protests appeared to be overreaching. It directed the authorities to reconsider the proposed closure of 57 Metro stations, allow regulated train operations and widely publicise revised decisions to minimise inconvenience to commuters.
A contempt petition was filed on October 10, alleging that Delhi Metro stations remained closed despite the court’s directions against a complete shutdown of public transport.
In his response, Mohan said the Centre’s October 9 communication imposing restrictions was intended to maintain peace and prevent disturbances to public order. He cited a proposed protest allegedly being held without the requisite permission and the Delhi Police’s experience during the July 20 protest over the NEET paper leak.
The Supreme Court’s October 9 order had directed the Centre to lift a complete prohibition on certain services and regulate them only to the extent necessary to avoid inconvenience to Delhi’s residents.
On the suspension of internet services, Mohan said the Delhi Police had sought a one-day suspension of cellular internet. The request was processed in accordance with the law and considered proportionate in view of the prevailing situation, he submitted.
He clarified that the shutdown was in force from 10 pm on October 9 to 10 pm on October 10, within a four-kilometre radius of Raisina Hill. The restriction applied only to cellular internet services, excluding Wi-Fi and broadband connections.
Mohan has sought the discharge of the contempt notice and requested modification of the Supreme Court’s October 11 order to permit internet suspensions when necessary, subject to statutory safeguards.
(With agency inputs from ANI)
