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Supreme Court tells Delhi to keep metro, internet and streets open after mass detentions at SIR protest

In a rare Sunday hearing, the court said peaceful protesters cannot be detained outside the law, a day after about 1,000 people were held on their way to a protest against the Chief Election Commissioner. The opposition marches again on Monday.

Pan India Pulse deskBased on reports from ThePrint, Business Today, Bar & Bench, ANI

The Supreme Court held a special hearing on Sunday, October 11, and directed authorities in Delhi to let metro and rail services run normally, keep internet services undisturbed and allow people to move freely in the city. The order came a day after police detained large numbers of people trying to reach a protest against Chief Election Commissioner Gyanesh Kumar.

The bench of Justices Joymalya Bagchi and V Mohana said people gathering peacefully must not be detained except under the procedure set by law, especially outside areas where prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) apply. It asked authorities to review barricades, remove a Section 163 notice near the court and make sure lawyers are not obstructed in their work. It also issued notice on a contempt plea naming the Union Home Secretary, the Delhi Police Commissioner and the Delhi Metro Rail Corporation. The matters return on Tuesday, October 13.

The protest, called "Jantar Mantar 2.0" by the Cockroach Janta Party (CJP), demands Kumar's resignation over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls. Delhi Police refused permission, citing law-and-order concerns and short notice. On Saturday, around 1,000 people were detained across the capital, according to police figures cited in reports, while the CJP claimed far higher numbers. Opposition leaders Arvind Kejriwal, Mamata Banerjee and Pinarayi Vijayan were among those held. An official statement later said all detainees had been released.

In court, senior advocates including Kapil Sibal and Menaka Guruswamy argued that metro stations were shut, trains cancelled and internet cut, and that an earlier order of the court had been ignored. Solicitor General Tushar Mehta, appearing for the Centre, disputed this. He said entry and exit were restricted at 45 of 303 metro stations, that all stations and internet connectivity had since been restored, and that most people picked up on Saturday were released within hours under the law.

Earlier on Sunday, an executive magistrate released CJP founder Abhijeet Dipke and his colleagues Saurav Das and Ashutosh Ranka, who were detained after their flight landed in Delhi on Saturday. Each furnished a bond of Rs 50,000 and must keep the peace for a year. Delhi Police said all legal procedures were followed and that it had registered more than 20 FIRs over Saturday's events, including for assaulting police personnel.

The political fight is set to grow. The INDIA bloc plans a protest march in Delhi on Monday, and a delegation intends to hand a memorandum to Chief Justice of India Surya Kant. Karnataka Chief Minister DK Shivakumar and Telangana Chief Minister A Revanth Reddy are expected to attend with their party legislators. Congress president Mallikarjun Kharge accused the government of running an "undeclared emergency".

The BJP rejects the charges. Party spokesperson Sambit Patra called the protests an attempt to spread "anarchy", and Karnataka BJP chief BY Vijayendra said the SIR is backed by judicial precedent. The Election Commission says the revision is meant to keep voter lists accurate and that its decisions are unanimous and legally valid.

Pulse view

Analysis by the Pulse desk

Sunday's order does not decide whether the SIR was fair or whether the Chief Election Commissioner should go. Its point is narrower: the state may regulate protests, but shutting transport and internet across a city, or detaining peaceful people outside the law, faces a high bar. That gives Monday's marchers some room, while police keep their powers inside prohibitory zones.

For the opposition, the dispute has given a loose alliance one shared cause. For the government, the risk is that heavy policing, not the voter roll, becomes the story. Tuesday's hearing, where the Centre must answer allegations of illegal detention and excessive force, will show whether the court is willing to go further.

What they are saying

We are duty-bound under Article 32 to protect and enforce fundamental rights.

There was no curtailment of any metro service on the 10th.

What to watch

  • How police handle the INDIA bloc march in Delhi on Monday
  • The compliance report and the Centre's reply at Tuesday's Supreme Court hearing
  • Whether the Election Commission responds to the demand for Gyanesh Kumar's resignation
  • Whether the CJP calls fresh protests now that its leaders are free

Your take

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Sources

  1. SC orders restoration of metro, train, internet and movement rights in Sunday special bench hearing ThePrint
  2. SIR protests: No illegal detention of those gathering peacefully, says Supreme Court Business Today
  3. CJP protest crackdown, detentions: Live updates from Supreme Court's Sunday hearing Bar & Bench
  4. CJP's Abhijeet Dipke, Saurav Das, Ashutosh Ranka released by Executive Magistrate court ANI
  5. CJP protest: Abhijeet Dipke, Saurav Das & Ashutosh Ranka released under one condition Business Today
  6. INDIA bloc to hold protest march in Delhi on Monday, submit memorandum to CJI ThePrint (PTI)
  7. CJP Protests in Delhi: Detentions, Leadership Changes, and Rising Tensions Explained Gulf News
  8. Karnataka BJP chief BY Vijayendra accuses Congress of SIR unrest The News Mill (ANI)

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