The Supreme Court has held that a prima facie case of contempt of court has been made out over the alleged violation of its October 9 directions concerning restrictions on Metro and railway services in Delhi during the October 10 protests.
A Bench of Justices Joymalya Bagchi and V Mohana recorded the finding in its written order following a special Sunday hearing on a contempt petition filed by advocate Shailendra Mani Tripathi. The contempt plea was filed against Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) Chairperson D Thara.
"Having considered the submissions of the learned counsel for the parties and perused the averments in the Contempt Petition, we are of the opinion that the petitioners have made out a prima facie case. Accordingly, we issue notice upon the alleged contemnors," the Court said.
The alleged contemnors have been directed to file counter-affidavits, along with a report on compliance with the Court's October 9 order, by October 13. Their personal appearance has been dispensed with for the time being.
The contempt petition alleged that authorities went ahead with restrictions on public transport despite the Supreme Court's earlier directions against a complete prohibition on Metro and railway operations during protests seeking the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar.
The protests come amid growing criticism of the Special Intensive Revision (SIR) of electoral rolls undertaken by the Election Commission of India.
On October 9, the Supreme Court had observed that notifications restricting public transport ahead of October 10 protests appeared to be overreaching. It had directed the authorities to reconsider the proposed closure of 57 Metro stations, permit regulated train operations and widely publicise revised decisions to minimise inconvenience to commuters.
A contempt of court petition was filed on October 10, alleging that Delhi Metro stations remained closed despite the Court's October 9 order against a complete shutdown of public transport.
During Sunday's hearing of the matter, Solicitor General Tushar Mehta disputed the allegations of non-compliance with the October 9 directions. He submitted that Delhi Metro services had operated normally, although 45 of 303 stations had been closed to maintain law and order.
He further informed the Court that all Metro stations had reopened by 10 PM on October 10, that train services were functioning normally and internet connectivity had been restored.
The Court today also heard a plea alleging that thousands of protesters, including opposition leaders, were illegally detained amid the crackdown on the October 10 protests.
The Court separately issued notice in this habeas corpus petition as well.
Both matters, along with connected petitions and intervention applications, will be heard on October 13.
[Read Order]