Delhi October 10 protests: Petitions mentioned in Supreme Court against closure of 57 metro stations, cancellation of trains

A slew of petitioners have approached the Supreme Court alleging closure of Delhi metro stations and cancellation of long distance trains to Delhi ahead of the upcoming protests slated for October 10 by various opposition parties and youth organisations in the national capital demanding removal of Chief Election Commissioner (CEC) Gyanesh Kumar.

The matter was mentioned before a bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana on Friday at around 1 pm seeking urgent hearing.

The protests have been called by various bodies including Cockroach Janta Party (CJP) and other youth wings of various political parties.

"All trains are cancelled. Metro stations are closed. You cannot move anywhere. Hotels are closed to people. Nizamuddin is closed. RWAs are being told that people cannot come out. What is happening to my country? This is a peaceful protest. It is our country. How can this happen? How can this be?" said Senior Advocate Kapil Sibal appearing on behalf of Member of Parliament MA Baby.

Advocate Prashant Bhushan also said that the whole of Delhi has been shut down.

Senior Advocate Gopal Sankaranarayanan alleged that 57 metro stations have been shut.

"There was nothing like this when we came in the morning," said CJI Kant.

Sibal pointed out that a petition was filed before the Delhi High Court by Indian Youth Congress as well but the High Court declined urgent hearing.

"We have filed a petition also. They went to the High Court. The High Court has said it will hear it on Monday. They went to the High Court and it passed such an order. What message comes from this Court today is different from the message from the High Courts. Kindly see. You are the protector of whatever we have in this country," Sibal said.

Sankaranarayanan said that right to peaceful protests is a fundamental right and an entire city cannot be shut down over the same.

"A peaceful protest is not unlawful. There is no question of shutting down an entire city because we are incapable of handling some protesters. These are preventive measures. Nothing has happened yet," he stated.

"There is no doubt about the fundamental right to association. But that right has to be exercised in accordance with the laws governing association. You have to make an application for permission. If they do not grant permission or drag their feet, you come to court," Justice Bagchi replied.

"But that will take time. The protest is tomorrow. We are the citizenry of Delhi who are being affected by decisions which are disproportionate," Sankaranarayanan said.

"Yes, but first we must understand the ground reality with regard to the protest. If the protest is with permission, it is a lawful protest. If it is without permission, it is ... " Justice Bagchi replied.

"It is still lawful. I am sorry. Even without permission," Sankaranarayanan said.

"Even if it is not in accordance with law, we never say people do not have a right to protest, but they do so at the risk of prosecution," Justice Bagchi said.

"I have a right to protest," Sankaranarayanan maintained.

The Court said that it will have to balance competing interests.

"Before us is a document which appears to impose a blanket ban on certain common facilities relating to transport, access to other essential facilities and designated places. That definitely affects ordinary citizens. We have a balance to make between the rights of a group of citizens who wish to protest and the rights of another group, perhaps a much larger group, who want access to common and essential facilities. The State stands between the two," said Justice Bagchi.

"What the State has done, and what has been placed before the Court, is an imbalance. It is an imbalance because they have adopted broad-spectrum measures," Sibal replied.

"Suppose your assembly will have 2,000 persons. we can say that they will be unarmed and will be peaceful protest.. then we can," the bench said.

Solicitor General Tushar Mehta said that the Court should not arrive at any final conclusion.

"Please defer the final conclusion. It will be as if court held this on social media," he said.

The matter will be heard further at 2 pm.

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