NEW DELHI, Oct. 13 -- The Supreme Court on Tuesday deferred until Thursday the hearing of nearly a dozen petitions concerning the police crackdown on protesters in Delhi after one of the judges on the bench fell ill. The court also granted Delhi Police and other authorities time until Wednesday evening to submit their responses in contempt proceedings alleging violations of its earlier directions.
A three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana adjourned the proceedings after both sides agreed to postpone the hearing to allow Justice Mohana to recover. The petitions concern allegations of illegal detention, excessive police action and restrictions on public transport and internet services during demonstrations against Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision (SIR) of electoral rolls.
The court had earlier issued notices to the authorities over allegations that restrictions imposed during the protests violated judicial directions intended to protect public movement and essential services.
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The batch of petitions was scheduled to be heard on Tuesday amid continuing controversy over the security measures imposed in the national capital.
However, the bench decided to adjourn the matters because of Justice Mohana's illness. Both the petitioners and the authorities agreed to the postponement. The court extended the deadline for Delhi Police and other authorities to file their responses in the contempt proceedings until Wednesday evening, ahead of the rescheduled hearing on Thursday, October 15. The contempt petitions allege that officials failed to comply with earlier Supreme Court directions concerning public transport, movement restrictions and the treatment of peaceful demonstrators.
The allegations remain under judicial examination, and the issuance of notices does not constitute a finding of contempt.
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During a special sitting on Sunday, a bench of Justices Bagchi and Mohana directed authorities to ensure that peaceful, unarmed demonstrators were not detained except through procedures established by law. The court also directed that Metro and railway services function normally, internet connectivity remain undisturbed and public movement be permitted, subject to lawful restrictions.
It further ordered the removal of notices imposing prohibitory restrictions around the Supreme Court and other court complexes, emphasising that access to justice must not be obstructed. The directions followed complaints that extensive barricading, transport restrictions and preventive detentions had created widespread disruption across Delhi during the October 10 demonstrations.
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Solicitor General Tushar Mehta, appearing for the Centre and Delhi Police, disputed allegations that Metro services had been shut down. He maintained that trains had operated normally, although entry and exit facilities were restricted at 45 of the Delhi-NCR Metro network's 303 stations. The Supreme Court sought details of the affected stations and directed the authorities to explain through affidavits the circumstances of the detentions, the procedures followed and the legal grounds for the action.
Lawyers representing protesters also alleged that advocates, students, women and children had been subjected to pushing, manhandling or assault during the police operation. Senior advocate Shadan Farasat, representing the Supreme Court Advocates-on-Record Association, raised concerns over the restrictions, while senior advocate Gopal Sankaranarayanan referred to alleged mistreatment of demonstrators.
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On Monday, Chief Justice Kant cautioned against drawing the Supreme Court into the political confrontation surrounding the protests. He said democratic activities could take place at designated locations but stressed that demonstrations should not interfere with judicial proceedings or prevent lawyers, litigants and court employees from reaching the premises.
The observations came after Supreme Court Bar Association president and senior advocate Pradeep Rai sought the listing of another petition concerning the alleged detention of lawyers and restrictions on internet services. The Chief Justice emphasised that the functioning of judicial institutions must remain unaffected by the ongoing demonstrations.
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Separately, a petition filed by Congress leader Rahul Gandhi and 10 other INDIA bloc leaders challenging the functioning of the Election Commission has encountered procedural objections. The Supreme Court registry identified 14 defects in the filing, including a Rs.220 shortfall in court fees, an illegible photocopy of Congress president Mallikarjun Kharge's identity card and missing vakalatnamas for nine petitioners.
The legal team has sought to rectify the defects and secure an early hearing. The petition seeks an independent, time-bound investigation into allegations that Chief Election Commissioner Gyanesh Kumar took certain decisions unilaterally, including those relating to the SIR exercise, despite objections reportedly raised by fellow election commissioners. It also seeks the production of official records, including files, meeting agendas, minutes and objections concerning the disputed decisions.
The allegations have not been established by the court. The Supreme Court indicated that fresh petitions could be considered on Thursday if filing defects were rectified. However, it remained unclear whether the INDIA bloc's separate challenge would be heard alongside the petitions concerning the police crackdown. The next hearing on October 15 is expected to focus on the authorities' responses to allegations of unlawful restrictions, detentions and non-compliance with the court's earlier directions.
Published by HT Digital Content Services with permission from Millennium Post.