Supreme Court Sunday Hearing Against Detentions & Curbs During Delhi Protests [Live Updates]

Sibal: trains were to be allowed, it did not happen. We want interim order that all trains in India from their place of origin will come to Delhi. There can't be 163. There is no 163 outside of the 4 kms. There can be no detention, impedement to traffic or barricades outside. I want that I can peacefully protest even within the 4 kms. Subject to public order

SG objects

Sibal: There is a site. I am entitled. Citizen does not have to make application

J Bagchi: We would like to be addressed on that. We would definitely like to ponder on how far the police act fall in sync with requirement of expression under Art. 19. Art. 21 does not go beyond...until you challenge

Sibal: No police act or law in this country can violate Art. 19(2) except for publci order. My Art. 19(1)(a) right is subject to public order. Internet - again interim order required that it be restored throughout city. Last thing is on journalists - they are being handicapped within and outside.

A counsel -We don't want S.163 imposed around Supreme Court. We were not aware of the order.

Gopal S: There's a board outside Supreme Court which says 163 is in force on Bhagwan Dass Road

J Bagchi: If you were not aware of the order, that's good ground to [quash]

Sibal: I will just mention the prayers as you said

SG: So far as prayers of unlisted matters, we are not aware. I will have to take instructions.

BREAKING | Supreme Court says it will pass an interim order that metro should function in all normality until law and order situation arises, free movement of public, internet be restored and lawyers shall not be impeded in discharging their professional duties.

SG: 47 were closed/restricted. Only 15%

J Bagchi: Initially you proposed to close down 57...then pursuant to our order 47...we would like you to indicate what was the situs of these 47 stations. We have to examine that. When you give counter or compliance, please show on a [map] what were the stations closed. It would be relevant for our understanding of accessibility and regulation. All metro stations opened since 10 pm yesterday. Not even partially closed

J Bagchi: Are advisories by railway authorities? Please file your response to these peitions and compliance by Tuesday. In the meantime, the metro functioning should continue in accordance with the normal schedule (subject to a public order condition envisaged under Art.19(2)). No advocate should in any way be hindered in discharging their professional duties. we are consciously saying 'professional'. Internet facility to city has to be restored.

SG: It's already restored since yesterday

J Bagchi: We will record your statement.

Court comments on Sibal's remark that he has lost faith in the court

SG: In future, no lawyer of standing should make such a comment!

Bench says it can't restrict.

Guruswamy reads out the prayers

Guruswamy: Blockades were there around Supreme Court.

Sr Adv Arundhati Katju: Right to freedom of speech and expression, to protest peacefully could not be exercised. It's for state to answeer. We are here today because we have faith in the court. We have come in exigent situation, because we want court to protect our right.

Guruswamy Why give them till Tuesday to explain why metro was not functional despite court order? Please don't give them more time to continue disobeying this court's order. It's disobedience to spirit and text of Constitution.

SG: I do not have prepared speech to respond to anything. There are 2 petitions available with me - which it turns out are not complete. Habeas - we can point out the regime under which action was taken and they were removed around 2 pm

Peitioners: not correct

J Bagchi: Kindly note down. let him argue

SG: Petitioners said many things. Factually I have...we have documents and videos of around 2 pm...they were released at around 6. Habeas may not survive. Question of legality - it's for your lordships to consider and them to decide. So far as contempt - it was confined. I have taken instructions. There was no curtailment of any metro service on 10th. There was 0 reduction in total volume of metro operations. Trains were inducted as per standard schedule. A full complement of 4750 trains are run on 10th Oct as per schedule on internet. Delhi Metro - there are 303 stations [...].

Guruswamy: Journalists, etc. taken away to multiple holding grounds. Habeas concerns...your lordships are confronted with a situation, in the past, there were judgments passed that only in case of emergency, Art. 19 rights can be suspended. You are assembled here today because something graver is at stake. Suspension of citizens' peacefully exercised right. The last time this court had to consider such challenges was at the time of emergency. We come back 50 years later - your lordships had passed ADM Jabalpur!

Guruswamy: Contempt is item 1. Habeas will come later

J Bagchi: So far as oyur contempt, we have taken note of your averments. Last para of our order requires compliance report by Tuesday. We propose to ask alleged contemnor to file response compliance report and response to your petition. On Tuesday

Guruswamy: Why we troubled today - it's not that state is just in contempt. By disrupting metro, you take away my ability to move. Internet disconnected. 7000 people reported as detained. State not providing anyone official numbers. 45 detention centres reported as setup all across delhi. Opposition leaders picked up. MPs barricaded into their houses. This is not just. Young people have decided to lawfully protest, because they feel election system is not fair. Interim prayer is there. Constitution says in Art. 358 that Art. 19 rights can be restricted when emergency is imposed. Is the State saying there is undeclared emergency? habeas is the classic relief. when we filed, we were not aware of the magnitude of people taken away. As internet was disconnected.

J Bagchi: Mr Venugopal and SCAORA's petition quite exhaustive

Sr Adv Shoeb Alam: Concern goes to our fundamental rights. Reading Art. 19, I found everything in our favor

J Bagchi: Shackles start from Art. 19(2). CJI made clear - 19(2) is not a prohibition, it's a regulation

Alam: My concern is people are being detained. Micro-journalism reports things. People being detained from outside Delhi. People's houses have been raided in attempt to ensure people don't reach protest site. They cannot be prevented. They haven't committed any sin. They are being detained for less than 24 hrs and then released. But exericise of power colorable. Please see magnitude of the problem. 6000-7000 people detained, including former Chief Ministers.

JBagchi: We understand the magnitude of detentions

Adv Dehadrai for police officers: Police officers also brutalized

J Bagchi: Police officers don't have individual right to maintain law and order over and above the state. Please assist learned SG. Life and liberty equally sensitive - we have said that before. Be it police officer, citizen. All intervention applications will be listed. We will pass a composite order on listed matters

Sibal: We will like interim order

J Bagchi: We will see, after hearing ld. SG

SG says he was not served

Petitioner-side says SG office was served

Sibal: Allow me a few minutes on interim after they have made submissions.

A senior counsel for a lawyers' foundation: I am seeking to be a party. We as lawyers...the way things are happening...it's affecting our profession. Your lordships would be kind enough to...I was very active against all these kind of things. I protested to a senior that you people don't come. A beautiful line he said - lawyers [fight] this in court, not in street. If you go in street

Some commotion on behalf of lawyers

Sr counsels on petitioner-side request decorum

J Mohana: Where is the representative system? We are here to instill faith in you

Sr counsel for lawyers' assn.: When you make a tweet and insinuate Supreme Court is doing...it's deplorable!

A lady advocate: We were 150 lawyers who assembled...we had just started peacefully walking. At red light, 4 of us were picked up and taken in a prison van. The lady pushing and hustling me - they didn't allow me to wait for a second. No name badge. If there was violence, action could have been taken. But we were peaceful.

Another counsel: We are seeking for AoRs, members, former members...what has been done...

Hegde: This court operates through its AoRs. Access to justice is also access to lawyers. If lawyers are prevented from doing their duties, it's this court's dignity that is directly impacted. SG is leader of the Bar. He must ensure that every lawyer can access his clients and provide assistance at police stations. yesterday, lawyers were beaten in police stations. policemen threatened lawyers with FIR.

Counsel: we were not able to access internet at all yesterday.