- Supreme Court to hear contempt plea against authorities Sunday.
- Plea alleges violation of previous SC order on metro services.
- Court previously ordered regulating, not prohibiting, public transport.
- Petitioner seeks contempt action, restoration of regulated transport.
The Supreme Court will hold a special hearing on Sunday on a plea seeking contempt proceedings against authorities over the alleged violation of its order on metro and train services in Delhi amid protests called by the Cockroach Janta Party (CJP) and student organisations against Chief Election Commissioner Gyanesh Kumar.
According to the cause list for October 11 uploaded on the Supreme Court’s website, a bench of Justices Joymalya Bagchi and V Mohana will hear the plea filed by advocate Shailendra Mani Tripathi.
The petition has named Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation chairperson D Thara as respondents. It was filed through advocate Chand Qureshi.
The petitioner alleged that authorities had deliberately disregarded the court’s directions by maintaining restrictions on public transport despite its October 9 order against a complete prohibition on metro and train movements into the national capital.
Plea Alleges Violation Of Supreme Court Order
The contempt petition described the restrictions as a violation of citizens’ fundamental rights and accused the Delhi Metro, Delhi Police and the Union government of deliberately undermining the court’s authority.
“This brutal assault on the fundamental rights of the citizens and sheer disregard to the orders of this court amounts to deliberate, intentional attempt on the part of Delhi Metro, Delhi Police and the Union government which must be dealt with an iron hand,” the plea said.
The petition referred to the Supreme Court’s October 9 order, passed while hearing a separate plea challenging the closure of 57 metro stations and the cancellation of trains to Delhi in view of the planned protests.
The demonstrations were called by the CJP and some student organisations against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the functioning of the Election Commission.
On Friday, a bench comprising Chief Justice Surya Kant and Justices Bagchi and Mohana directed the Centre to ensure that there was no complete prohibition on metro and train services coming into Delhi on October 10 because of the protests.
The court had observed that authorities could not bring all public transport to a halt. While law enforcement agencies were entitled to take measures to restrict unruly movement, citizens should not face undue harassment, it said.
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Metro Stations Shut Despite Court’s Directions, Plea Claims
Delhi Metro had announced the closure of 45 stations from 9 pm on Friday until 6 pm on Saturday, citing security reasons.
The contempt petition alleged that despite the court’s directions and the assurance given to it, authorities continued with a blanket shutdown across transit corridors and unwarranted train cancellations. It also claimed that transparent traffic and public transport advisories had not been issued or publicised.
The plea said the restrictions had severely disrupted public life across the National Capital Territory, leaving essential travellers stranded and undermining the Supreme Court’s authority.
Claiming to have been personally affected by the restrictions, Tripathi said he had visited at least two metro stations, GTB Nagar and Vishwavidyalaya, at around 9.30 pm on Friday.
According to the petition, the entry gates at both stations were completely shut, while the exit gates were being regulated manually.
The petitioner alleged that authorities were knowingly creating lawless conditions in the national capital by closing metro station entry and exit gates despite the court’s directions.
“The instant contempt petition needs immediate intervention of this court because there is the blatant violations of the orders passed on October 9 by this court, by closing the entry and exit gates of Delhi Metro in-spite of the clear and unambiguous order of this court that only regulatory measures can be taken to regulate the crowd and it can’t be a preventive step, the plea said.”
Petitioner Seeks Contempt Action, Restoration Of Services
The plea has sought the initiation of contempt proceedings against the respondents for their alleged deliberate and wilful disobedience of the Supreme Court’s October 9 order.
It has also sought an urgent interim direction requiring authorities to withdraw blanket prohibitory orders against metro and railway operations and restore a regulated operating schedule, with immediate public notice.
The petitioner further urged the court to issue notices directing the respondents to appear in person and explain why they should not be punished for contempt.
ALSO READ: ‘Blatant Attack On Press Freedom’: Press Bodies Condemn Detention Of Journalists At Delhi Protests
What Supreme Court Said In October 9 Order
In its October 9 order, the Supreme Court questioned the restrictions imposed on public transport, observing that the notifications appeared to impose a complete ban on essential transportation.
“It appears that the notifications are overreaching, as they impose a complete ban upon essential public transportation. Upon our indication that a distinction exists between total ‘prohibition’ and the ‘regulation’ of metro and other train movements, Solicitor General of India has fairly agreed to impress upon the authorities to reassess such prohibitions.”
The bench clarified that metro trains and other rail services should not face an outright ban, while allowing authorities to decide on suitable and regulated operations based on the prevailing situation.
“Regarding that assurance, we clarify that although there shall be no outright prohibition on the movement of metro trains, a prudent decision may be made to permit the operation of metro trains and other rail services in a suitable and regulated manner, the bench had said.”
The court also directed that decisions on transport operations be widely publicised to prevent further inconvenience to commuters.
It said traffic advisories should be published in newspapers and on online platforms to ensure smooth vehicular movement and prevent hardship to people travelling within the city.
Solicitor General Tushar Mehta had assured the court that he would consult the government and that restrictions could be regulated and reviewed periodically in view of the evolving situation.
(With PTI inputs)
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