The Supreme Court has directed authorities to remove barricades in Delhi unless they are “absolutely warranted”, calling for the normalisation of public movement amid restrictions imposed in connection with the Cockroach Janta Party (CJP) protest.
The observations were made on Sunday, October 11, during a special sitting concerning petitions over restrictions linked to the planned protest. The court said that free movement should be normalised, subject to necessary regulation in situations involving public order.
Supreme Court On Section 163 Restrictions
The court also directed authorities to withdraw restrictions imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in and around the Supreme Court.
The bench of Justices Joymalya Bagchi and V Mohana said the restrictions should be lifted to ensure that access to the Supreme Court and other courts was not impeded.
The bench’s observations came amid concerns over the restrictions imposed in Delhi ahead of the CJP protest, including the closure of Metro stations and disruption to transport services.
Supreme Court Issues Notice Over Detentions
The hearing followed a contempt petition filed by lawyer Shailendra Mani Tripathi. The petition referred to the Supreme Court’s October 9 order concerning restrictions on Metro and train services ahead of the planned demonstration.
The court had previously directed the Centre to ensure there was no complete prohibition on the movement of Metro services and trains arriving in Delhi because of the protest.
The petitioner argued that Metro stations had remained closed despite the earlier order.
During Sunday’s hearing, the Supreme Court issued notices to authorities, including the Delhi Police, the Union Home Secretary and the Delhi Metro Rail Corporation (DMRC), seeking responses concerning the detentions and the circumstances surrounding them.
The court ordered the authorities to submit a compliance report by Tuesday.
Supreme Court Says Right To Protest Must Follow The Law
The bench also reiterated that people have a right to protest, but demonstrations must remain within the framework of applicable law.
“You have a right to protest, absolutely no quarrel on that but the process in which you protest has to be within the Police Act,” the Supreme Court said.
Justice Bagchi told the petitioner that the right to protest could not be treated as being beyond the law.
The court also heard concerns raised by lawyers and said they should not be prevented from carrying out their professional duties. At the same time, it reminded lawyers to protest peacefully and not instigate others.
Why Were Restrictions Imposed In Delhi?
The restrictions were imposed ahead of a planned CJP demonstration in the national capital. The party and opposition groups have been seeking the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) process.
The allegations concern the revision of electoral rolls. The court’s observations on barricades and movement restrictions came amid the wider dispute over the handling of the planned protest.
The Supreme Court’s position underscored the need to balance public order with the movement of citizens and access to courts. It also maintained that the right to protest must be exercised in accordance with the law.