Delhi protest: Supreme Court directs authorities to ensure normal Metro and rail services

Delhi Metro, railway services must operate normally, directs Supreme Court (File pic)

After the chaotic situation in New Delhi on Saturday, October 11, the Supreme Court of India on Sunday directed authorities to ensure the normal operation of Delhi Metro and railway services, prevent unnecessary obstructions to the movement of people and vehicles, and ensure that any restrictions imposed are legally justified.

The directions from the Supreme Court came amid proceedings concerning alleged restrictions on movement, detentions and other measures.

The apex court also issued notice in contempt proceedings alleging violation of its October 9 order and directed the authorities concerned to submit a compliance report by Tuesday, October 13.

The Supreme Court issues directions on public transport and the internet

The Court said Delhi Metro and railway services must operate normally, adding that restrictions would be permissible only when justified under Article 19(2) of the Constitution.

It also directed that internet services remain available in accordance with the law, without affecting the statutory powers of authorities to impose lawful restrictions.

On the movement of people and vehicles across Delhi, the Court said unnecessary obstructions must be avoided. It directed authorities to immediately review barricades based on law-and-order requirements and traffic conditions.

No unlawful detention

Taking the cognisance of the situation, the Court emphasised that no unlawful detention would be permitted and that any detention must comply with legally established procedures.

It also said peaceful assemblies must be allowed in accordance with the law, particularly in areas where prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) are not in force.

Additionally, the Court directed that any notice board announcing Section 163 restrictions near the Supreme Court be removed, if it was still in place, to ensure unhindered access to the Supreme Court and other courts.

Lawyers and journalists must not face obstruction

During the hearing, the Court recorded an assurance that lawyers, journalists and other professionals would not be obstructed while performing their duties.

The directions underline the need to ensure that restrictions imposed for law-and-order purposes do not unnecessarily interfere with access to courts or the professional responsibilities of those working in the legal and media sectors.

Authorities asked to submit compliance report by October 13

The Supreme Court also issued notice in contempt proceedings alleging non-compliance with its October 9 order. The authorities have been directed to file a compliance report by Tuesday, October 13.

The report must include details of restrictions imposed on Metro services and advisories issued concerning railway operations.

The Supreme Court had also directed that habeas corpus petitions alleging mass detentions, along with other connected matters, be heard with the main cases on October 13.

Observing its constitutional responsibility under Article 32, the Court said the State must explain the circumstances surrounding the alleged detentions, the manner in which they were carried out and the legal justification for the action.

The Court further reiterated that it is duty-bound under Article 32 to protect and enforce fundamental rights.