The Supreme Court was approached on Friday over the proposed shutdown of 57 metro stations and cancellation of trains entering Delhi on October 10, ahead of a protest against the Chief Election Commissioner (CEC) called by the CJP and certain student organisations.
The matter was mentioned before a bench comprising Chief Justice of India Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, with senior advocates questioning the proposed restrictions and their impact on citizens’ fundamental right to protest.
Senior advocate Kapil Sibal, representing CPI(M) general secretary M A Baby, told the bench that information available to them indicated that 57 metro stations would be closed and trains travelling to Delhi would be cancelled.
Sibal submitted that the proposed measures would effectively impose a lockdown across the national capital, restricting the rights of citizens seeking to participate in a protest.
Senior advocate Abhishek Singhvi and advocate Prashant Bhushan also raised concerns about the proposed restrictions, arguing that apprehensions over law and order could not justify shutting down an entire city.
They submitted that widespread barricading and restrictions on public movement could not be imposed merely because the police anticipated possible disturbances or faced difficulties in maintaining law and order.
Supreme Court Stresses Need for Lawful Protest
During the hearing, Justice Joymalya Bagchi observed that if the protest organisers were before the court, they could be asked to disclose the expected number of participants and ensure that those attending remained unarmed.
He indicated that the authorities could then be directed to regulate the demonstration appropriately.
The bench also emphasised that protests must comply with legal requirements, observing that a demonstration held without the necessary permission would not be in accordance with law.
Justice Bagchi further stated that any order restraining the authorities would require the court to hear all concerned parties and balance their competing interests.
Lawyers To Return With Formal Petition
Following the court’s observations, Sibal, Singhvi, Bhushan, senior advocate Vrinda Grover and senior advocate Gopal Sankaranarayanan informed the bench that they would return at 2 pm with a formal petition.
The proposed petition would challenge the closure of metro stations, restrictions on roads and barricading arrangements in Delhi ahead of the October 10 demonstration.
