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The Delhi Police has filed an affidavit in the October 11 and October 9 orders, respectively, submitting that it has complied with all directions, including that all metro stations and railway facilities shall function normally, there should be free movement of people, internet access should be unhindered, and there shall be no illegal detention beyond areas where Section 163 BNSS is operational. 

It may be recalled that ahead of the October 10 protest march announced by CJP and the opposition parties, the Supreme Court had passed an order on October 9 directing the Centre not to completely stop train and metro services. These orders were passed in a petition filed by CPI(M) General Secretary MA Baby and others challenging the curbs imposed by the Delhi police and others ahead of the protest. Subsequently, a contempt petition was filed by Advocate Shailendra Mani Tripathi alleging that pursuant to the October 9 order, 12 metro stations continue to be closed. 

Finding non-compliance prima facie, a special bench on Sunday directed that the work of lawyers and journalists shouldn't be hindered. It further directed that there shall be no illegal detention of any person except in accordance with law, particularly with respect to peaceful assembly and unarmed persons beyond the areas where Section 163 BNSS is in operation.

In its counter affidavit, it has given a background as to why, pursuant to the Court's 11 October order, 12 metros were closed. It has stated that the past conduct of the Cockroach Janata Party shows that they have violated the requirements of prior permission to hold protests. It has said that its early protest on the NEET irregularities continued for more than 36 days, resulting in a complete breach of all said permissions including restrictions on pitching tents and time restrictions. Further, it has mobilised crowd for Sansad Chalo march despite Section 163 BNSS being in operation.

Delhi police has alleged that on July 20, more than 30,000 persons including those involved in rioting, rape, murder, and serious offences had gathered. It has referred to the digital records, including video footage to show that individuals attacked police personnel with stones, sticks and in some cases it resembled mob violence and lynching of police personnel. 

Further, the protest march by Congress party at a short notice deteriorated the law and order situation further, Delhi Police said. 

On unlawful assembly

Ahead of the hearing on contempt petitions today, the Delhi Police has stated that, considering the sensitivity of the capital, high-profile diplomatic visits, and international conferences such as 18th BRICS summit, several police stations have had to issue orders under Section 163 BNSS beyond the protest area (Jantar Mantar). However, directions have been issued pursuant to the October 11 order to remove such orders. 

Illegal detention 

Delhi police has submitted that pursuant to the Court's directions, there has been no illegal detention nor any hindrance to any professional in discharge of their professional duties. It has been clarified that only persons who were violating orders under Section 163 BNSS were removed.

On metros

Delhi police has submitted that the restrictions on movement were imposed on 57 metros on October 9 from 9 PM onwards until 10 PM on October 10. However, the restrictions were withdrawn on October 10. 

Barricades 

Further, Delhi Police has stated that steps have been taken to ensure free movement of people and the imposition of barricades is being reviewed subsequent to the Court's orders after reviewing the Law and order situation. 

Additionally, it has been pointed out that the Delhi police had issued traffic advisories so that no hardship is caused to the general public travelling within the city. These advisories are issued in real time, including traffic updates through social media accounts as well.

As for traffic, it has said that, considering the situation prevailing, Delhi police had installed 88 diversion flex sign boards at appropriate locations along the diversion routes and major intersections to facilitate the implementation of traffic diversion. 

Internet access 

It has stated that internet facilities were working unhindered and only cellular internet services were suspended owing to the law and order situation, but it was in complete compliance with relevant rules and regulations. Delhi police has stated that the situation would be reviewed and action would be taken accordingly.

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