Justices Joymalya Bagchi and V Mohana, sitting as a special bench of India's Supreme Court on Sunday, ordered that peaceful, unarmed protesters cannot be detained except in accordance with the "procedure established by law", and directed that metro and railway services in Delhi operate normally, internet connectivity remain undisturbed and free movement of people be restored. [E1][E8][E3]
Sunday's sitting heard pleas arising from the Delhi Police's handling of protests held on 10 October against Chief Election Commissioner Gyanesh Kumar and the Election Commission of India. [E10] Petitions alleged mass detentions, restrictions on movement, suspension of internet services and non-compliance with the court's 9 October order on transport curbs. [E3]
Metro and rail may be restricted only to address a public-order situation within the framework of Article 19(2) of the Constitution. [E4] The detention order applies particularly to peaceful, unarmed assemblies beyond the area covered by a prohibitory order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita. [E5]
Authorities were ordered to remove a notice imposing prohibitory restrictions around the Supreme Court and other court complexes to ensure unhindered "access to justice", and to take down the board concerning Section 163 in the area around the Supreme Court, if not already done, so there is no apprehension regarding access to justice, including ingress and egress to any court of law. [E2][E9]
Notices went to the alleged contemnors in the contempt proceedings, including the Delhi Metro Rail Corporation, the concerned railway authorities and Delhi Police, seeking their responses to the allegations of non-compliance with the 9 October order. [E6]
About 41,000 security personnel turned the capital into a fortress on Saturday to thwart a planned protest and detained 7,000 people. [E7]