India’s Supreme Court has placed immediate limits on the restrictions that authorities may use during protests in Delhi, directing them to preserve public transport, internet access and ordinary movement unless a lawful public-order measure requires otherwise.
A special Sunday bench of Justices Joymalya Bagchi and V. Mohana issued the interim directions while hearing a contempt petition over the closure of Metro stations and restrictions imposed during demonstrations over the revision of electoral rolls. The petition alleges that the measures taken on Saturday disregarded an earlier order against a blanket transport shutdown.
The court said any restriction on peaceful assembly or movement must remain within the constitutional limits permitted by Article 19(2) and related public-order law. Metro and railway services are to operate normally unless a specific restriction is imposed according to law. Internet services are also to remain available, subject to lawful steps needed to address an actual law-and-order risk.
The bench separately directed that peaceful and unarmed people outside areas covered by prohibitory orders should not be detained except under the procedure established by law. It told authorities not to obstruct lawyers and journalists from reaching their places of work, and called for a review of barricading that interferes with ordinary access. A notice said to have been displayed near the Supreme Court under Section 163 of the Bharatiya Nagarik Suraksha Sanhita was to be removed if it remained in place.
Notice has been issued to the Union government, Delhi Police and the Delhi Metro Rail Corporation on the contempt allegations. That step is not a finding that contempt occurred. The respondents will have an opportunity to answer the claim that station closures and related controls violated the court’s previous directions.
The order is interim. Connected habeas corpus petitions concerning people detained during the protests, together with the contempt matter, are due to return before the court on October 13.
Read the Supreme Court’s official order.
