The Supreme Court on Sunday directed the Centre to ensure that restrictions on public movement and assembly comply with the constitutional safeguards under Article 19(2), while ordering that metro and rail services in Delhi continue to operate normally amid protests called by the Cockroach Janata Party (CJP) over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
A bench of Justices Joymalya Bagchi and V Mohana issued notices on petitions challenging the restrictions imposed on Saturday and directed authorities to ensure that internet services remain uninterrupted, subject to powers available under the law.
Article 19(2) allows reasonable restrictions on freedom of speech and expression on specified grounds, including public order.
“Metro and rail facilities shall function normally until and unless regulations require to be imposed keeping in mind disturbance to public order as envisaged under Article 19 (2) of the Constitution,” the bench said.
The court also directed authorities to review the deployment of barricades and allow the free movement of people, subject to traffic regulations. It said restrictions on access to the Supreme Court and other courts should be removed where applicable.
“Free movement of people in the city shall be permitted subject to traffic regulations,” the bench said, adding that the “requirement of imposition of barricades shall be reviewed forthwith keeping in mind law and order and other traffic conditions”.
On internet access, the court said services should remain uninterrupted but clarified that its directions did not curtail the administration’s powers under the Information Technology Act.
“Internet facilities shall remain undisturbed,” the bench said. “If law requires, that’s always there,” Justice Mohana added.
The bench also said that people should not be detained except in accordance with the procedure established by law, particularly those participating in peaceful and unarmed gatherings outside areas where Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is in force.
Section 163 empowers executive magistrates to issue urgent orders to prevent potential threats to public order and safety, including restrictions on assemblies in specified areas.
During the hearing, the petitioners told the court that Section 163 had been imposed in the area immediately outside the Supreme Court.
Taking note of the submission, the bench said it had been informed that boards announcing the imposition of Section 163 had been put up in and around the court premises. It directed the authorities to remove the boards, if they had not already been taken down, to ensure that people were not deterred from entering or leaving the Supreme Court or other courts.
Solicitor-General Tushar Mehta, appearing for the Centre, told the bench that internet services had been restored across the city and that metro stations and trains were fully operational. He also assured the court that lawyers, journalists and other professionals would not be prevented from carrying out their duties.
The court directed the alleged contemnors to file affidavits and submit a compliance report. It also asked that copies of other petitions concerning Saturday’s developments be served on the Solicitor-General’s office during the day so that the Centre could take instructions on the issues raised.
During the hearing, Justice Mohana urged lawyers present in court to ensure that any demonstrations remained peaceful.
“All of you present here, if you are seriously interested in public welfare… please undertake that you will protest peacefully and not instigate any other person,” she said.
