CEC Protest: Supreme Court Issues Notice On Contempt Plea Against Union, Delhi Police Authorities Over Metro And Train Curbs Despite SC Order
In the Delhi Protests matter, the Supreme Court today issued notice on a contempt petition alleging that metro services in Delhi remained substantially shut on October 10 despite the Court's earlier order that metro and rail services in the capital can be regulated, but not stopped.
A bench of Justice Joymalya Bagchi and Justice V Mohana, in a special sitting on Sunday, was dealing with the contempt petition filed by Advocate Shailendra Mani Tripathi alleging violation of the Court's order on Friday that there should be no complete prohibition on transport services to handle the October 10 protests announced by CJP and opposition parties against the Chief Election Commissioner.
The petition, filed by Advocate Shailendra Mani Tripathi (who was one of the petitioners who sought an independent probe into the violence during the July Jantar Mantar student protests), seeks initiation of contempt proceedings against Union Home Secretary Govind Mohan IAS, Delhi Police Commissioner Anurag Kumar IPS and Delhi Metro Rail Corporation (DMRC) Chairperson D Thara IAS for allegedly wilfuly disobeying the Court's directions.
The petitioner alleges that the authorities continued with the arbitrary closure of Metro stations and unwarranted cancellation of train services despite the Supreme Court directing that public transport should be permitted to operate in a regulated manner to avoid inconvenience to Delhi residents.
The petition contends that the continued restrictions have severely "crippled public life" in the national capital and caused hardship to commuters.
The contempt petition arises from the Supreme Court's order passed on October 9 in MA Baby v. Union of India, in which a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana considered the restrictions imposed on Metro and railway services in view of proposed protests at Jantar Mantar.
The Court had taken note of communications issued by the Delhi Police directing the DMRC to close 57 Metro stations and another communication concerning the cancellation of Mail and Express trains arriving at New Delhi and Hazrat Nizamuddin railway stations.
Observing that the notifications appeared to be "overreaching" as they amounted to a complete ban on essential public transportation, the Court clarified that there should be no outright prohibition on the movement of Metro trains, while permitting the authorities to regulate their operations in a suitable manner consistent with the principle of proportionality.