The Supreme Court on Tuesday deferred to October 15 the hearing of a batch of petitions concerning the Delhi protests against Chief Election Commissioner Gyanesh Kumar, alleged police excesses and restrictions imposed on public transport ahead of the demonstrations against the Election Commission’s Special Intensive Revision (SIR) of electoral rolls.
A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana postponed the proceedings after being informed that Justice Mohana was unwell. Solicitor General Tushar Mehta urged the Court to defer the hearing, a request to which the other lawyers present did not object.
The matters include petitions alleging unlawful detention of protesters, lawyers and journalists, police action during the demonstrations, and non-compliance with the Supreme Court’s earlier directions concerning metro and railway services.
During the proceedings, the Court also extended the time granted to the Centre to file its compliance affidavit in response to allegations that the authorities had disregarded its directions on the operation of public transport during the protests. The Solicitor General informed the Bench that the affidavit was ready but required further additions to make it more comprehensive. The Court directed that the affidavit be furnished to the petitioners’ counsel.
The Bench also sought the presence of a senior Delhi Police officer to respond to allegations by women journalists that they were assaulted while covering the protests.
The petitions arise from demonstrations held in Delhi against CEC Gyanesh Kumar and the SIR exercise, during which opposition leaders, lawyers, journalists and other protesters alleged arbitrary restrictions on movement, detention and the use of force by police personnel.
On October 11, a Bench of Justices Joymalya Bagchi and V Mohana, in a special sitting, directed that no person should be detained except in accordance with the procedure established by law, particularly where peaceful and unarmed assemblies take place outside areas covered by prohibitory orders.
The Court also directed that metro and railway services should operate normally, subject to legitimate public-order requirements, and that internet services remain uninterrupted. It further emphasised that lawyers, journalists and other professionals should not be obstructed in discharging their duties and directed the authorities to review barricades in the light of law-and-order and traffic considerations.
The proceedings encompass several petitions, including contempt pleas alleging that the authorities violated the Court’s directions by restricting transport services and allegedly detaining or assaulting demonstrators, lawyers and members of the media.
The Court is scheduled to take up the batch of matters on October 15.
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