A plea has been filed in the Supreme Court opposing contempt proceedings against authorities over restrictions on public transport during protests in Delhi, arguing that the right to peaceful assembly must be balanced with public order and commuters' freedom of movement.
The application was filed by Delhi resident Satish Kumar Aggarwal through advocate Anantha Narayana M G. It comes amid ongoing contempt proceedings over alleged non-compliance with the Supreme Court's directions on restrictions imposed on metro and rail services during a Cockroach Janta Party (CJP) protest.
The applicant said peaceful protest is constitutionally protected but cannot come at the cost of the rights of other citizens, including their freedom of movement under Article 19(1)(d) and right to life under Article 21.
The plea claimed that demonstrations since October 6 had disrupted traffic on key roads in Lutyens' Delhi, including Janpath and Parliament Street, causing hardship to office-goers, students and patients.
It also cited a representation by the Chamber of Trade and Industry (CTI) to the Prime Minister, which flagged an estimated 70 per cent decline in business ahead of festivals such as Diwali. The applicant urged the authorities to designate permanent protest sites away from major commercial areas.
The plea argued that the rights of senior citizens, patients, persons with disabilities, pregnant women, students and commuters who depend on public transport must be considered while deciding the matter.
Citing the Supreme Court's 2018 judgment in the Mazdoor Kisan Shakti Sangathan case and its 2012 ruling in the Ramlila Maidan case, the applicant said the right to protest is subject to reasonable restrictions and that police must retain the authority to prevent public disorder.
The main contempt petition, filed by advocate Shailendra Mani Tripathi, has accused Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) Chairperson D Thara of violating the court's October 9 order.
During a special sitting on Sunday, a bench of Justices Joymalya Bagchi and V Mohana issued notice to the Centre over the alleged non-compliance.
The bench directed the Centre to ensure that peaceful protesters were not illegally detained, internet access remained uninterrupted and Delhi Metro services operated normally. It also ordered the immediate removal of a board outside the Supreme Court imposing restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), citing the need to safeguard public access to justice.
(With inputs from PTI)
