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Cockroach Janata Party had called for a demonstration on Saturday. During this period, the police detained more than 7,000 protesters.
A special bench of the Supreme Court on Sunday heard petitions related to closure of metro-train services, disruption of internet and detention of people during the Cockroach Janata Party protest in Delhi.
The court said that metro services should run normally. Internet should not be disrupted and movement of people should not be stopped.
The petitioners had alleged that on October 9, the Supreme Court had directed the Center not to completely stop the movement of Delhi Metro and trains coming here due to the protest. Despite this, the court order was violated on Saturday. On this, the court issued a notice to the Delhi authorities and sought their reply by Tuesday.
Earlier, the Magistrate Court ordered the release of CJP leaders Abhijit Deepke, Saurav Das and Ashutosh Ranka at around 10 am on Sunday. All three remained in police custody for 23 hours.
Actually, Cockroach Janata Party and Left had called a protest on October 10 against Chief Election Commissioner Gyanesh Kumar and SIR. Delhi Police did not allow this. During this time the police had barricaded the city. 45 metro stations were closed and more than 7 thousand protesters were detained.
2 petitions were filed
2 petitions were filed regarding CJP’s performance. The bench of Justice Joymalya Bagchi and Justice V. Mohan heard this. Solicitor General Tushar Mehta presented the side of the government and Delhi Police.
Whereas, Advocates Kapil Sibal, Gopal Shankaranarayanan, Maneka Guruswamy, Sanjay Hegde, Shoaib Alam and Shadan Farasat presented the side of the petitioners.
9 big things about the hearing:
1. Kapil Sibal said that under Article 19(1)(a) of the Constitution, people have the right to peaceful demonstration, but the protesters were prevented from reaching the designated place. Justice Bagchi said that there is a right to protest, but it should be exercised within the ambit of law.
2. Shoaib Alam said that people have the constitutional right to protest. Justice Bagchi said that appropriate restrictions can be imposed to maintain public order, but this does not mean that people should be completely stopped.
3. Senior lawyer Maneka Guruswamy said the petition is not limited to the detention of only a few leaders or MPs. It concerns the approximately 7,000 people allegedly detained in Delhi and their constitutional rights. The matter is related to the protection of the Constitution.
4. Shoaib Alam alleged that people coming from outside Delhi were also detained to prevent people from reaching the protest site. Some people’s houses were raided. Many were released in less than 24 hours, but the propriety of such detention is questionable. These were the allegations of the petitioners.
5. Lawyers alleged that some policemen were without name badges and used force against protesters. Justice Bagchi said that allegations of violation of responsibilities of officers and use of force under the law will be investigated. In the name of law and order, the police cannot be kept above the rights of citizens.
6. On behalf of the central government, Mehta said that all metro stations and trains are running normally and internet service has been restored. He said that 45 out of 303 metro stations were closed, but by 10 pm on Saturday night all the stations were opened.
7. Lawyers said that boards regarding implementation of Section 163 were put up around the Supreme Court and due to barricades, there was difficulty in reaching the court. Mehta said that he will have to get information about this and tell it. Justice Bagchi said that if lawyers were not informed about the restrictions, it could be a ground to challenge the order. The court directed to remove the board.
8. A lawyer said that instead of detaining some protesters, their mobile phones were confiscated. The issue of sensitive information being contained in the phones was raised and a demand was made to return them. The court asked to file an application for hearing on this issue.
9. Justice Bagchi said that the Supreme Court has the responsibility to stop the violation of fundamental rights under Article 32. Justice V. Mohana also appealed to the protesters to remain peaceful and avoid provocation. The court directed the authorities to respond to the alleged detention and police action. All related matters will be heard together on Tuesday.
The Supreme Court heard the case on October 9, 4 things…
- Convenience for common people: Common citizens should not face unnecessary problems, that is all we want.
- Security vs Rights: There are CCTV cameras at railway and metro stations and the government also has other security measures. You are free to use them, but ordinary citizens also have the right to go to stations and use public transport.
- Strict comment: “Would you use a hammer to kill a fly?”
- Performance Venue: Jantar Mantar is a very small place, a bigger place should be considered for the demonstration.
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Read this news also
Today’s Explainer: Protestors could not reach Jantar Mantar on the first day, CJP leader released after 23 hours; After all, what is the reason for such strictness?
Cockroach Party protest was to be held at Jantar Mantar on 10th October. From October 9 itself, the security forces made the entire area a cantonment. Trains coming to Delhi, metro stations and border road routes were closed. Read the full news…
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