BREAKING | Plea In Supreme Court Against Cancellation Of Trains, Metro In Delhi Ahead Of October 10 Protests Against CEC

  • BREAKING | Plea In Supreme Court Against Cancellation Of Trains, Metro In Delhi Ahead Of October 10 Protests Against CEC

    Senior Advocate Kapil Sibal and other lawyers urged the Court to hear the matter today itself.

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    A petition has been filed in the Supreme Court challenging the cancellation of the train services to Delhi, the shutdown of metro stations and the internet imposed in the capital ahead of the October 10 protests announced by the CJP against the Chief Election Commissioner.

    Senior Advocate Kapil Sibal made an urgent unlisted mentioning before the Chief Justice of India, seeking the hearing of the matter today itself.

    "What is happening to my country?" Sibal exclaimed. He submitted that various trains which are scheduled to arrive in New Delhi and Nizamuddin stations between 4 AM and 2 PM on October 10 have been cancelled, and hotels have been asked to stop taking guests. Also 57 metro stations spread across Central, South, North, North-West, North-East and East Delhi have been shut from 9 PM today onwards.

    When Chief Justice of India Surya Kant asked why the Delhi High Court cannot be approached, Sibal said that there was a similar petition (filed by the Indian Youth Congress) in the Delhi High Court, which was adjourned till Monday.

    The bench asked Sibal if he was representing any person who was organising the protest. Sibal replied that he was representing MA Baby, CPI(M) Secretary, though he was not an organiser of the protest himself.

    Justice Joymalya Bagchi then pointed out that he was not an organiser, and had not applied for permission to protest. If there is no permission to protest, it would be an unlawful protest, Justice Bagchi said. The Judge added that if the protests are without permission, then the protesters may face the risk of prosecution.

    Senior Advocate Gopal Sankaranarayanan submitted that he is representing residents who would be affected by the curbs, and said that the Court has to examine if the measures are proportionate.

    "We will injunct the curbs, but we will also injunct the gathering," Justice Baghci said. Sankaranarayanan replied that it would not a proportionate response, and said that the Court will have to balance.

    Senior Advocate Dr Abhishek Manu Singhvi submitted that unprecedented measures were being imposed in the national capital. "221 CAPF companies...10 detention centres being prepared...trains to be regulated...OYO hotels asked to not take fresh bookings...actions against YouTubers...media asked to carry IDs...Delhi police issuing advisory not to participate in protest.." Singhvi said.

    When Justice Bagchi again pointed out that no protest organiser was before the Court, and there were no concrete details placed, Sibal said that he will come back at 2 PM with a petition filed by an organiser.

    Advocate Vrinda Grover informed the Court that the Delhi Police denied permission to the Cockroach Janata Party to hold protets, but CJP was not challenging the order. The Indian Youth Congress meanwhile, approached the Delhi High Court seeking permission for protest, and the matter has been adjourned till Monday.

    "Permission was being sought for protests at the deisgnated place. There is such heavy barricading,no person can go there," Grover said.

    "You are saying permission for designated place has been declined. Anybody is justified to say on Monday, partially it will become infructuous," CJI said.

    Sibal and the other lawyers agreed to come back at 2 PM for further mentioning with more details. At point in the hearing, the CJI proposed that the Delhi High Court could be asked to take up the matter today itself at 3 PM.


    Debby Jain

    Debby Jain is a Correspondent with LiveLaw, covering the Supreme Court of India

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