The Supreme Court on Sunday directed authorities to remove barricades unless "absolutely warranted" and withdraw restrictions on gatherings around its premises while hearing petitions challenging the closure of Delhi Metro stations amid protests called by the Cockroach Janta Party (CJP).
At a special sitting, a bench of Justices Joymalya Bagchi and V Mohana ordered authorities to withdraw restrictions imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to ensure access to courts.
"We have been informed that a notice under Section 163 has been imposed in and around the Supreme Court. We direct the authorities to take down the restriction so that there is no apprehension of access to justice with regard to ingress and egress to the Supreme Court or any other court," the bench said, NDTV reported.
The court said free movement should be restored, subject to regulation to maintain public order. The directions came after petitioner and lawyer Shailendra Mani Tripathi alleged that the continued closure of Metro stations amounted to contempt of the court's earlier order.
On Friday, a bench comprising Chief Justice Surya Kant and Justices Bagchi and Mohana had directed the Centre to ensure there was no "complete prohibition" on the movement of Metro services and trains coming to Delhi on October 10. The court had said authorities could not bring everything to a halt because of the protest.
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During Sunday's hearing, the bench affirmed the right to protest but said it must be exercised within the framework of the Police Act. "You have a right to protest, absolutely no quarrel on that but the process in which you protest has to be within the Police Act," according to reports in NDTV.
Justice Bagchi told the petitioner that the right to protest could not be claimed to extend beyond the Act. The bench issued notices to the Delhi Police, the Union Home Secretary and the Delhi Metro Rail Corporation over detentions and the circumstances surrounding them. It sought a compliance report by Tuesday.
The court also addressed concerns raised by lawyers, directing police to ensure they "shall not be impeded in discharging their professional duties". It urged lawyers to protest peacefully and refrain from instigating people. The CJP and Opposition parties have been demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the SIR process.
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