Daijiworld Media Network - New Delhi
New Delhi, Oct 11: The Supreme Court on Sunday directed the Centre and Delhi Police to remove barricades placed in view of protests by the Cockroach Janta Party (CJP), unless absolutely necessary, and ensure normal metro services across the national capital. The court also directed that there should be no disruption of internet services.
During a special hearing, a two-judge bench comprising Justices Joymalya Bagchi and V Mohana said the police must ensure that the movement of people returns to normal, observing that the public cannot be prevented from carrying out work related to their professions.
The court further directed that people gathering peacefully should not be illegally detained. However, it clarified that necessary restrictions could be imposed to maintain law and order.
The apex court issued notices to the Delhi Police, Union Home Secretary and Delhi Metro Rail Corporation (DMRC) over the restrictions imposed in the capital despite its earlier order, seeking responses by Tuesday.
Solicitor General Tushar Mehta, appearing for the Delhi Police, assured the court that metro and rail services were functioning normally and internet services had been restored in the capital.
“The issue is to what extent the restrictions imposed by the police fall within the ambit of Article 19(2) of the Constitution,” the court observed.
The bench said the right to protest was not in dispute but emphasised that demonstrations must comply with the law.
“You have the right to protest; there is no dispute over that. However, the manner in which the protest is conducted must be in accordance with the provisions of the Police Act. You cannot claim that your right to protest takes precedence over the Police Act,” the court said.
The observations came hours after CJP founder Abhijeet Dipke, co-convenor Saurav Das and national spokesperson Ashutosh Ranka were released by a special executive magistrate nearly 24 hours after their detention.
Several provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were invoked against them. The court noted that their release was subject to a condition that they would not participate in activities disrupting peace and tranquillity for the next year.
“If you are seriously interested in public welfare, please undertake that you will all protest peacefully and not instigate any other person,” Justice Mohana said before the hearing concluded.
The matter will be heard again on Tuesday.