The Delhi High Court on Tuesday (October 13) adjourned to Friday a PIL challenging closure of 57 Delhi Metro stations, railway service disruptions and the alleged preventive detention and interception of people travelling to the national capital, ahead of a protest against CEC Gyanesh Kumar at Jantar Mantar on October 10.

In doing so, court granted time to the petitioner to produce copies of petitions pending before the Supreme Court on the same issue.

During the hearing, Additional Solicitor General Chetan Sharma appearing for the respondent authorities informed a division bench comprising Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma that another PIL over closure of metro stations, railways etc. is pending before the Supreme Court and is listed on Thursday.

The counsel for the petitioner meanwhile argued that people were house arrested during the protests including certain politicians.

The court however orally asked as to how that issue can be looked into and how the court can pass any order contradictory to Supreme Court order. The court thereafter listed the matter on October 16 to enable counsel for petitioner to produce copies of petition pending before Supreme Court which is stated to be on the same lines.

The petition, filed by law student Anshika Tripathi and an advocate, alleges that the restrictions imposed by the Delhi Police and transport authorities were disproportionate and interfered with citizens' fundamental rights to freedom of speech and expression, peaceful assembly and movement.

Referring to media reports that entry and exit gates at 57 Metro stations were closed from 9 pm on October 09 until further notice, the petition argues that restrictions extending across central, northern, southern, eastern and western Delhi went beyond regulating access to the immediate protest venue.

It contends that such measures affected not only prospective demonstrators but also ordinary commuters, workers, students, patients, caregivers and others dependent on public transport for their daily activities.

The petition also refers to reports of railway service disruptions involving New Delhi and Hazrat Nizamuddin stations between 4 am and 2 pm on October 10.

It calls for the authorities to place on record the specific cancellation notices and affected trains, distinguishing between restrictions actually implemented and those merely proposed.

The petition argues that a security concern relating to a demonstration at Jantar Mantar does not, by itself, justify restricting access to Metro stations across geographically distinct parts of Delhi.

It submits that the authorities must establish a rational connection between each restriction and the identified threat, including the necessity of its geographical scope, duration and extent.

The petition further alleges that people travelling from other States to participate in the demonstration were detained or intercepted. It contends that preventive action must be justified by the applicable statutory provisions and the individual circumstances of each case, rather than merely by a person's anticipated participation in peaceful dissent.

Seeking judicial scrutiny of the alleged restrictions, the petition urges the authorities to consider less restrictive alternatives, including targeted access controls, traffic diversions, designated assembly points, controlled entry and enhanced security deployment near sensitive locations.

Among other reliefs, the petition seeks directions permitting peaceful protests in and around Jantar Mantar and earmarking different locations for demonstrations.

It also seeks the constitution of a Special Investigation Team to probe alleged atrocities against students and peaceful protesters, including women protesters.

The petition further seeks a declaration concerning the fundamental right to internet access and a direction to remove any internet shutdown.

(Compiled by Malavika Prasad)