The Supreme Court will convene a special sitting on Sunday, October 11, to hear a plea challenging the preventive detention of opposition leaders during protests in Delhi against Chief Election Commissioner Gyanesh Kumar, as well as a separate contempt petition alleging non-compliance with the Court’s directions on public transport restrictions in the national capital.
A special Bench comprising Justices Joymalya Bagchi and V Mohana will hear the matters.
Trinamool Congress MP and Senior Advocate Menaka Guruswamy has approached the top court under Article 32 of the Constitution, seeking relief against the detention of several opposition leaders, including four former Chief Ministers, during Saturday’s protests organised by the Cockroach Janta Party (CJP) and other political groups at Jantar Mantar.
Guruswamy has questioned the legality of the police action, contending that preventive detention cannot be employed to curtail the fundamental right to peaceful protest. The petition reportedly challenges the detention of former Delhi Chief Minister Arvind Kejriwal, former West Bengal Chief Minister Mamata Banerjee, former Kerala Chief Minister Pinarayi Vijayan and former Tripura Chief Minister Manik Sarkar, among others. <Cite refs={[“turn404238news1″,”turn404238search7”]}/>
The plea also raises concerns over opposition leaders allegedly being picked up from their residences and other locations before they could reach the protest venue. It argues that such action warrants judicial scrutiny, particularly when those detained include individuals who have previously held constitutional and public offices.
The special sitting will also take up a contempt petition filed by advocate Shailendra Mani Tripathi against Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and other officials over alleged disobedience of the Supreme Court’s October 9 directions concerning restrictions on Metro and railway services ahead of the protests. <Cite refs={[“turn404238news3″,”turn404238news10”]}/>
On October 9, a Bench headed by Chief Justice of India Surya Kant, along with Justices Bagchi and Mohana, had examined restrictions imposed on public transport in view of the proposed demonstrations. The Court had expressed concern over blanket restrictions that could bring essential transport services to a complete halt, observing that authorities could regulate their operations for security reasons but should not impose an outright prohibition.
The directions followed communications concerning the proposed closure of several Metro stations and cancellation of certain train services. The Court underscored the need to balance security considerations with the public’s right to access essential transport facilities and move freely.
The contempt petition alleges that restrictions continued despite the Court’s directions, causing hardship to commuters and impairing public life in Delhi. The allegations are yet to be adjudicated by the Court. <Cite refs={[“turn404238news3″,”turn404238news2”]}/>
The petitions arise from Saturday’s police action ahead of the CJP-led demonstration demanding Gyanesh Kumar’s resignation over alleged irregularities in the Special Intensive Revision of electoral rolls. The proposed protest prompted extensive security arrangements and restrictions across parts of the capital.
The Supreme Court’s Sunday hearing is expected to examine the grievances raised over the detention of opposition leaders and the alleged failure to comply with its earlier directions on public transport. No determination on the merits of either petition has been made at this stage.
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