Supreme Court Agrees To Hear Urgent Plea Against Shutdown Of Delhi Metro, Trains & Internet Ahead Of October 10 Jantar Mantar Protest

The Supreme Court today agreed to hear an urgent petition at 2:00 PM challenging executive measures—including the shutdown of 57 metro stations, cancellation of train services, and internet curbs—enforced in the National Capital ahead of the scheduled October 10 protests against CEC Gyanesh Kumar.

Senior Advocate Kapil Sibal, while mentioning the matter, urged that the blanket administrative crackdown severely infringed upon citizens' fundamental rights to movement and peaceful assembly under the Constitution.

The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana asked the Petitioners/Applicants to come before the court at 2 pm today itself.

Senior Advocates Kapil Sibal, Gopal Sankarnarayanan, and Abhishek Manu Singhvi appeared for the Applicants/Petitioners

Sibal submitted, "I am extremely sorry. I want to mention something with your permission. What has happened is all trains cancelled, metro stations closed, you cannot move anywhere, hotels are told not to people... Hazrat Nizamuddin closed, RWA's told you cannot come out. What's happening to my country. This is a peaceful protest...57 metro stations... All, all... Internet closed."

Sankarnaraynan said, "They've shut down the whole of Delhi. The whole of Delhi is being shut down tomorrow by the government."

It was also informed that the Petitioners went to the Delhi High Court in the morning. The High Court has said it will hear it on Monday.

Sibal added, "What message from you is different from messages from High Courts? Kindly see, you are the, you are the protector of whatever we have in this country...Trains to New Delhi, Nizamuddin cancelled tomorrow between 4:00 AM to 2:00 PM. That's what's happening. Howrah, Sealdah, Rajdhani Express trains cancelled. Trains, metros, Uber, OYO, stadiums, the crackdown for Delhi CJP October... Kindly see. 221, one second, 221 CAPF companies, 23,000 personnel, 10 detention centers being prepared, checking at Delhi borders. What is going on? Trains to be regulated, restrictions on... number six, OYO hotels asked to stop fresh bookings. Liquor vendors, these liquor vendors, they should be shut...Kindly see: internet curbs on cards, action to be taken against YouTubers, mobile journalists, media personnel asked to carry IDs."

The Court said, "There must be some law and order issue."

Sankarnarayanan submitted, "Can they stop people from protesting? Peaceful protest is not unlawful, and they have to understand this. Peaceful protest is not unlawful...You can't shut down an entire city because you are incapable of handling some protesters."

Justice Bagchi remarked, "Let us look at it from a prism of the laws governing association. No doubt, fundamental right to association, but then that right is to be exercised as per the laws prevailing. Now the police... you have to make an application. They have to grant permission. If they don't grant, if they drag their feet, you come to court. We appreciate, yes. But first we must understand what is the ground reality with regard to the protest. First, if the protest is with permission, it is a lawful protest. If it is not with permission, it is not in accordance with law. Even if it is not in accordance with law, we never say people don't have a right to protest, but they are at the pain of prosecution. Now, protests... If there is an unjust law, I have a right to protest, and the State has a right to punish me for that."

Upon being informed that the High Court had adjourned the organizers' challenge to the refusal of permission to Monday, rendering the scheduled weekend demonstration infructuous, the Bench expressed its willingness to request the High Court to take up the matter on the same day.

The Counsel for the petitioners agreed to obtain instructions from the organizing bodies and bring the specific rejection orders to mention the matter again at 2:00 PM.