The Supreme Court on Friday directed organisers of the proposed October 10 protests in Delhi to appear before it at 2 pm, as it examined the impact of sweeping security restrictions on public transport and essential services in the national capital.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana sought details of the planned demonstrations, including the expected turnout and duration, before deciding how the authorities could regulate the gatherings without causing disproportionate inconvenience to residents.
The hearing comes amid concerns over the proposed closure of entry and exit gates at 57 Delhi Metro stations ahead of the protests. The court stressed that the right to peaceful assembly must be balanced against the interests of millions of people affected by the restrictions.
“We can injunct them and at the same time, we can injunct the protest. Will it be fair?” the bench asked, indicating that it wanted to hear the organisers before reaching a decision.
Lawyers question sweeping restrictions in Delhi
Senior advocate Kapil Sibal, appearing for Communist Party of India (Marxist) general secretary Mariam Alexander Baby, told the court that railway and Metro facilities were facing restrictions and hotels had been asked not to accept fresh bookings for October 10. He argued that the proposed demonstration was peaceful and questioned the scale of the measures.
“The whole of Delhi has been shut down,” advocate Prashant Bhushan said.
Senior advocate Gopal Sankaranarayanan also questioned the restrictions, saying the Delhi High Court's decision to defer a related petition until Monday could make any relief ineffective after the scheduled protest.
“You cannot shut down an entire city because you are incapable of handling a peaceful protest,” Sankaranarayanan told the bench.
Solicitor General Tushar Mehta, representing the Centre and Delhi Police, defended the restrictions, arguing that a gathering could turn unlawful even if it began peacefully. Sibal countered that authorities could take action if violence occurred instead of imposing broad restrictions in advance.
Court seeks details before deciding on protest
The bench said the right to protest had to be exercised within the framework of the law, while noting that citizens could face prosecution if they demonstrated without authorisation. It also emphasised that the interests of other residents could not be ignored.
“There is a citizenry before us who press for larger rights but the group that wants to protest is not before us,” the bench observed.
The judges sought information on the expected number of participants, the duration of the gathering and the conditions under which it would take place. They also indicated that the Delhi High Court could be asked to hear the pending matter on Friday instead of Monday.
CJP, student groups demand CEC's resignation
The proposed demonstration at Jantar Mantar has been called by the Cockroach Janta Party (CJP) and student organisations demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the revision of electoral rolls. The Election Commission and the BJP have denied allegations of wrongdoing.
Delhi Police has asked the Delhi Metro Rail Corporation to consider closing entry and exit gates at 57 stations from 9 pm on Friday and reducing train frequency at affected stations, citing concerns over crowd movement near sensitive locations.
Separately, the Indian Youth Congress has challenged the police's refusal to permit its proposed demonstration involving around 100-150 people. The Delhi High Court declined an urgent hearing on Friday and listed the petition for Monday, prompting lawyers to seek the Supreme Court's intervention.
Sibal agreed to return to the Supreme Court at 2 pm with further details of the planned gathering.