Delhi Protest Crackdown: As Judge Falls Ill, SC Defers Pleas Against Govt Curbs To October 15

13 Oct, 26
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Delhi Protest Crackdown: As Judge Falls Ill, SC Defers Pleas Against Govt Curbs To October 15

New Delhi: The Supreme Court on Tuesday deferred to October 15 a batch of petitions alleging detentions, assaults on protesters and sweeping curbs on public transport ahead of a demonstration seeking Chief Election Commissioner (CEC) Gyanesh Kumar's resignation, after one of the judges on the bench felt unwell.

The adjournment comes amid intensifying legal scrutiny of police action against protesters in the national capital last Saturday. Also, strict transport curbs were imposed ahead of the demonstration called by the Cockroach Janta Party (CJP) and allied groups.

The matters came up before a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana.

During the hearing, the CJI informed the petitioners that Justice Mohana is not keeping well and deferred the clutch of petitions after both sides agreed to an adjournment to enable Justice Mohana to recover.

Regarding the notices issued in contempt proceedings alleging disobedience of the court's earlier directions during the protest against the CEC, the bench granted Delhi Police and other authorities time until Wednesday evening to file their responses.

The apex court stated that these petitions would be heard on Thursday, provided their filing defects are cured.

However, it is not clear whether a separate petition filed by Congress leader Rahul Gandhi and 10 other INDIA bloc leaders, challenging alleged irregularities in the functioning of the Election Commission of India (ECI), would be heard along with the pleas claiming illegal detentions and closure of Delhi Metro stations.

Meanwhile, senior advocate Indira Jaising mentioned a petition filed by the Network of Women in Media, India (NWMI) before the bench led by the CJI today. The plea sought safeguards for journalists covering protests, particularly women journalists.

"We'd like some senior officer to remain present here and explain," observed the bench.

Jaising informed the bench that advance notice was given to the Solicitor General.

The CJI said the petition would be listed for hearing on Thursday along with the matters regarding the alleged police action.

Senior Advocate Gopal Sankaranarayanan also mentioned a contempt petition filed by Freedom Speech Collective. The plea claimed that the police assaulted journalists in violation of the court's October 10 order that media persons covering the protests must not be harassed.

'Don't Drag SC Into Politics'

On Monday, CJI Surya Kant said the Supreme Court should not be dragged into political disputes over the ongoing protests, emphasising that its functioning and lawyers' and litigants' movement must not be disrupted.

A bench led by CJI Surya Kant agreed to examine petitions raising concerns over difficulties lawyers faced amid ongoing protests in the national capital, after observing that democratic protests must proceed without disrupting the court's work or the movement of lawyers, staff and litigants.

The bench, also comprising Justices Joymalya Bagchi and V Mohana, took note of the submissions made by senior advocate and SCBA president Pradeep Rai, and agreed to hear the matters, including one from the Supreme Court Bar Association (SCBA), on Tuesday.

"Democratic activities must take place smoothly, but there should be no obstruction to the functioning of the Supreme Court or movement of lawyers, court staff and litigants," observed the CJI.

The SCBA president highlighted various issues, including the restrictions on internet services, amid the protests. "We are not from any political party. The institution is performing institutional duties, and we are doing professional duties. Parties should not interfere in our domain," Rai said.

A counsel pointed out that an independent lawyer has also filed a plea. "I have appealed to protesters also. All political parties also... The court should not be dragged into this… There should not be any impediment or obstruction in the movement of lawyers, litigants, court staff. They should be allowed to work," the CJI said.