The Supreme Court on Sunday directed that there shall be no detention of any individual except in accordance with the procedure established by law, particularly with respect to the assembly of peaceful and unarmed people beyond the area where prohibitory orders are in operation.
A bench of Justice Joymalya Bagchi and Justice V Mohana also issued a direction on pleas objecting to the closure of the Delhi metro station and internet restrictions in the wake of the CJP protest against CEC Gyanesh Kumar.
The Supreme Court was hearing a contempt petition related to protests organised by the Cockroach Janata Party (CJP) at Jantar Mantar in Delhi.
According to Bar and Bench, the Supreme Court directed that:
1. Delhi Metro and railway services must operate normally. Restrictions are permissible only when justified under Article 19(2).
2. Internet facilities shall remain undisturbed, as per law, without affecting statutory powers to impose lawful restrictions. The court clarified, “When we are saying internet facilities shall remain undisturbed, we are not taking away the powers under the Information Technology Act.”
3. Movement of people and vehicles across Delhi must not be unnecessarily obstructed. Barricades must be reviewed immediately based on law-and-order and traffic requirements.
4. No unlawful detention is permitted. Any detention must follow legally established procedure.
5. Peaceful assemblies must be allowed in accordance with law, especially outside areas where prohibitory orders under Section 163 BNSS are in force.
6. Any notice board announcing Section 163 restrictions near the Supreme Court must be removed, if still in place, to ensure unhindered access to the Supreme Court and other courts.
7. The Court recorded the assurance that lawyers, journalists and other professionals will not be obstructed in performing their duties.
8. Notice was issued in the contempt proceedings alleging violation of the Court’s October 9 order. Authorities must file a compliance report by Tuesday, October 13, including details of Metro restrictions and railway advisories.
9. The Court said the State must explain the circumstances, manner and legal justification for the alleged detentions, observing that it is duty-bound under Article 32 to protect and enforce fundamental rights.
10. Habeas corpus petitions alleging mass detentions and other connected matters will be heard with the main cases on October 13.
