NEW DELHI: A two-judge special bench of the Supreme Court began hearing a batch of pleas on Sunday over the Delhi Police crackdown on protesters during the Cockroach Janta Party (CJP) demonstration in Delhi on October 10.
The bench, comprising Justices Joymalya Bagchi and V Mohana, began hearing pleas challenging the detention of protesters by Delhi Police and paramilitary forces, as well as a contempt petition alleging wilful disobedience of the court's directions.
During the hearing, the Supreme Court said it would hear all lawyers seeking to mention their pleas. "Two matters are before us. There are lawyers who wish to make an unlisted mention of pleas filed. What we purpose to do is to go from right to left (in the Bar) and give an opportunity to hear every party," the court said.
Senior advocate Menaka Guruswamy, appearing for a petitioner, told the Supreme Court that young people had taken to lawful protests, a right recognised by the Constitution, because they felt the election system was unfair.
Referring to Article 358, Guruswamy submitted that Article 19 rights could be restricted only when an Emergency was imposed. “So is State saying they have brought in an unimposed Emergency?” she asked. She also referred to the petition’s interim relief and contempt prayers.
Senior advocate Kapil Sibal said the issue did not arise in the M.A. Baby case because the events had taken place only the previous day. He pointed to people being picked up from trains and from areas outside the four-kilometre zone.
Senior advocate Shadan Farasat told the Bench that he and several lawyers had been assaulted the previous day. He clarified that they were not seeking separate rights for lawyers, as they were part of the larger group of citizens.
Farasat described the situation in the capital as “remarkably suppressive”, alleging that people were not allowed to stand on the streets and were being picked up and thrown away. He said he was thrown into a moving bus after being picked up.
Stressing that the issue concerned citizens’ right to protest, rather than the rights of individuals or lawyers, Farasat said, “with all responsibility submitted yesterday we were one step away from a police state.”
He urged the court to restore citizens’ right to protest peacefully in the capital, saying the right had been destroyed the previous day. The hearing is underway.
