Jantar Mantar Protest Site, Rahul Gandhi Pleas: SC Issues Notices, Orders CCTV Footage To Be Preserved

On the Jantar Mantar plea, the Court asked the Union of India and the Commissioner of Police, Delhi, to file replies.

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Supreme Court also directed all law enforcement agencies to preserve CCTV footage, including the Court's own.
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The Supreme Court on Thursday issued notice on a plea challenging the de-notification of Jantar Mantar as a protest site, and on a plea by Congress leader Rahul Gandhi concerning the Election Commission of India (ECI).

It also directed all law enforcement agencies to preserve CCTV footage, including the Court's own.

On the Jantar Mantar plea, the Court asked the Union of India and the Commissioner of Police, Delhi, to file replies. Solicitor General (SG) Tushar Mehta said a committee had been constituted before the decision was taken.

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The Court said the issue needed consideration and that, if the replies were not satisfactory, the law could run its course.

During the hearing, former judge and senior advocate Mukta Gupta argued that a protest site must be a place where protesters are "heard by the powers to be".

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Justice Joymalya Bagchi observed orally that the word "heard" must also be understood from the perspective of technology.

The Court then took up Rahul Gandhi's plea on the ECI, with senior advocate Kapil Sibal appearing. It issued notice to the ECI, the Chief Election Commissioner and the two Election Commissioners, and tagged the plea with other ECI matters.

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The Chief Justice of India (CJI) said the notice was subject to an explanation of Gandhi's conduct, and that issuing notice did not mean condoning it.

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The CCTV direction was a general order passed after counsel requested that footage be preserved. It applies to all law enforcement agencies.

The CJI noted that 46 cases were before the Court. Counsel said some concerned the Special Intensive Revision (SIR) of electoral rolls and not the protest issue, and submitted a chart sorting them. The Court then clarified which cases dealt with protests and which with the SIR.

Counsel also said the provision on preventive detention was being challenged.

At the outset, the SG said responses had been filed in the contempt matter. He also said media reports were suggesting the government had apologised.

The Court said it was taking cognisance neither of the reports nor of the "unqualified apology", adding that an apology accompanied by justification is a qualified one.

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Most affidavits were filed on Wednesday night, the Court noted, except one from the Delhi Metro Rail Corporation.

The SG said the Delhi Police Commissioner's affidavit was an elaborate one.

The hearings follow protests led by the Cockroach Janta Party, which is demanding the resignation of Chief Election Commissioner Gyanesh Kumar.

Delhi was placed under heavy security on October 10, and reportedly more than 2,000 people were detained.

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