On today's SC hearing, Advocate Barun Kumar Sinha says,
"The so-called CJP leaders and supporters filed a contempt petition and other miscellaneous applications and all of them were listed before the special bench constituted by the Chief Justice of India.
All those applications have been heard, and the lot of allegations were made by the so-called agitationists... against the Central Government and the police administration.
"But the Supreme Court has not passed any order either on contempt, except asking the Central Government to file a response to the contempt application, or on any other applications, except the three interim orders passed today.
Firstly, that the metro services will be restored in Delhi, which have been restored since yesterday evening...
The second was restoration of internet services in Delhi. The Solicitor General of India said that it was done since yesterday evening...
The third order was regarding interference with the professional activities of advocates in Delhi. It was said that if they are professionally engaged and they are moving from one place to another place, they should not be disturbed... For the rest of the plea set up by the petitioners and applicants, the hearing has now been deferred for Tuesday..."
The Supeme Court said the State must explain the circumstances, manner and legal justification for the alleged detentions, observing that it is duty-bound under Article 32 to protect and enforce fundamental rights.
• Internet services must remain available in accordance with law, without affecting statutory powers to impose lawful restrictions.
"The court explicitly affirmed that peaceful protest is a citizen's fundamental right...
It was also stated that no individual can be detained without due process of law; consequently, orders have been issued to release anyone held in unlawful custody following yesterday's arrests or detentions..," - advocate Kailash More said.
Supreme Court -- Metro and railway services must operate normally. Restrictions are permissible only when justified under Article 19(2).
He further says, "Internet services have been restored. Secondly, all metro stations are operating normally today.
Thirdly, it was stated that peaceful protest is a fundamental right of the people; they may protest unarmed and without violating the law...
"Regarding trains arriving from outside Delhi—which were previously barred from stopping at New Delhi and Nizamuddin railway stations—instructions have now been issued for them to operate normally.
"Furthermore, the restrictions placed on the movement of citizens—movement being a fundamental right that was curtailed across Delhi yesterday—have been lifted by the court, allowing any citizen to move freely within the city."
• Notice was issued in the contempt proceedings alleging violation of the Court’s October 9 order. Authorities must file a compliance report by Tuesday, October 13, including details of Metro restrictions and railway advisories.
• Habeas corpus petitions alleging mass detentions and other connected matters will be heard with the main cases on October 13. •
Movement of people and vehicles across Delhi must not be unnecessarily obstructed. Barricades must be reviewed immediately based on law-and-order and traffic requirements.
• No unlawful detention is permitted. Any detention must follow legally established procedure.
• Peaceful assemblies must be allowed in accordance with law, especially outside areas where prohibitory orders under Section 163 BNSS are in force.
• Any notice board announcing Section 163 restrictions near the Supreme Court must be removed, if still in place, to ensure unhindered access to the Supreme Court and other courts.
• The Court recorded the assurance that lawyers, journalists and other professionals will not be obstructed in performing their duties.
ends
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