The Supreme Court has clarified that its October 11 direction to remove a notice board announcing prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) from its premises was intended only to ensure unhindered entry and exit from the court.
The court made it clear that the direction did not stay, suspend or dilute any prohibitory order issued under Section 163, which empowers authorities to issue restrictions in cases of urgent nuisance or apprehended danger.
In an order passed on November 3, a bench headed by Chief Justice of India Surya Kant and comprising Justices Joymalya Bagchi and V Mohana said the October 11 direction was being misinterpreted as having lifted the prohibitory orders in the Supreme Court premises.
The bench said the direction was meant to ensure that advocates, litigants and others visiting the court were not obstructed or discouraged from accessing the premises.
"It did not stay, suspend or otherwise dilute any prohibitory order issued under Section 163 of the BNSS, the validity whereof is the subject matter of ... pending before us," the court said.
The bench also clarified that the competent authorities were free to put up the notice board again if required, provided the movement of lawyers, litigants and others having business before the Supreme Court or any other court was not obstructed.
The clarification came while the court was hearing a batch of petitions concerning alleged mass detentions, restrictions on protests, closure of metro stations and internet shutdown in connection with a proposed protest at Jantar Mantar on October 10.
On October 11, the Supreme Court had directed authorities to remove the notice board stating that Section 163 had been invoked in and around the court premises, saying its presence could create apprehensions about access to courts.
The court had also said that people gathering peacefully should not be illegally detained and asked the Centre to ensure normal functioning of the Delhi Metro and uninterrupted internet services, subject to law-and-order requirements.
The directions were issued while hearing a plea seeking contempt proceedings over the alleged violation of an earlier order against a complete shutdown of metro and train services in Delhi in connection with a protest called by the Cockroach Janta Party (CJP) and student organisations.
The protest was against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the functioning of the Election Commission.
(With inputs from PTI)
