New Delhi (Rajeev Sharma): The Supreme Court on Sunday directed authorities to remove barricades that were not absolutely necessary and ease restrictions on public movement amid protests organised by the Cockroach Janta Party (CJP) in the national capital.
During a special sitting to hear concerns over the closure of Delhi Metro stations linked to the planned demonstrations, the court also called for the withdrawal of restrictions imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, around the Supreme Court and other courts.
A bench comprising Justices Joymalya Bagchi and V Mohana said the restrictions should not create any apprehension about people’s ability to access the justice system.
The bench noted that a notice under Section 163 had been imposed in and around the Supreme Court and directed the authorities to lift the restriction to ensure unhindered entry and exit for people visiting the court premises.
The court emphasised that normal public movement should be restored, while allowing authorities to regulate it where necessary to maintain public order.
Right to Protest Must Follow the Law
During the hearing, the bench acknowledged citizens’ right to protest but underlined that demonstrations must comply with the applicable legal framework.
The court observed that while there was no dispute over the right to protest, the manner in which demonstrations were conducted had to remain within the limits prescribed by law, including the Police Act.
Justice Bagchi also told the petitioner that the right to protest could not be treated as exempt from the provisions governing public order.
Authorities Asked to Respond to Detentions
The proceedings stemmed from a contempt petition filed by advocate Shailendra Mani Tripathi. The petition referred to an October 9 Supreme Court order concerning the closure of 57 Metro stations and the cancellation of train services to Delhi ahead of the planned CJP demonstration.
The bench issued notices to the concerned authorities, including Delhi Police, the Union Home Secretary and the Delhi Metro Rail Corporation (DMRC), seeking responses on the reported detentions and the circumstances surrounding them.
The court directed the authorities to submit a compliance report by Tuesday.
The latest observations come amid concerns over restrictions on movement in the capital, with the Supreme Court stressing the need to balance public safety measures with citizens’ rights and access to justice.
