The Supreme Court is set to hold a special hearing on Sunday on a plea seeking the initiation of contempt proceedings against authorities for an alleged "blatant violation" of the court's directive ensuring no complete prohibition on Delhi Metro and train services during protests called by the Cockroach Janta Party (CJP). According to the cause list of October 11 uploaded on the apex court website, the petition will come up for hearing before a bench of Justices Joymalya Bagchi and V Mohana.

The plea, filed by advocate Shailendra Mani Tripathi through advocate Chand Qureshi, has arrayed Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar, and Delhi Metro Rail Corporation (DMRC) Chairperson D Thara as respondents. This follows travel disruptions during demonstrations led by the CJP and student organizatiSns against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the functioning of the Election Commission.

"This brutal assault on the fundamental rights of the citizens and sheer disregard to the orders of this court amounts to deliberate, intentional attempt on the part of Delhi Metro, Delhi Police and the Union government which must be dealt with an iron hand," the plea said.

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What SC Said On October 9?

The contempt plea stems from the top court's October 9 order passed during a hearing against the closure of 57 metro stations and train cancellations. A bench of Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana had directed the Centre to ensure no "complete prohibition" on transit, emphasising that they cannot bring everything to a halt.

Though law enforcement agencies have the right to take steps to restrict unruly movement, citizens should not be unduly harassed, the top court had said.

"It appears that the notifications are overreaching, as they impose a complete ban upon essential public transportation. Upon our indication that a distinction exists between total 'prohibition' and the 'regulation' of metro and other train movements, Solicitor General of India has fairly agreed to impress upon the authorities to reassess such prohibitions," the apex court said in its October 9 order.

"Regarding that assurance, we clarify that although there shall be no outright prohibition on the movement of metro trains, a prudent decision may be made to permit the operation of metro trains and other rail services in a suitable and regulated manner," the court had said.

The court further instructed that any decisions, alongside traffic advisories, be widely published in newspapers and online platforms to prevent public hardship. Solicitor General Tushar Mehta had assured the bench that restrictions would be regulated and periodically reviewed in light of the evolving situation.

DMRC Shuts Key Metro Stations

However, the Delhi Metro Rail Corporation (DMRC) shut down 45 stations from 9 PM on Friday until 6 PM on Saturday and further extended it to 10 PM for security reasons. The contempt plea highlights that authorities "consciously maintained a blanket shutdown across transit corridors, persisted with unwarranted train cancellations, and failed to issue or publicise transparent traffic and transit advisories."

"This deliberate recalcitrance has severely crippled public life across the National Capital Territory, stranding essential travellers, and amounts to an intentional attempt to bypass and undermine the authority and majesty of this court," the plea said.

"The instant contempt petition needs immediate intervention of this court because there are blatant violations of the orders passed on October 9 by this court, by closing the entry and exit gates of Delhi Metro in spite of the clear and unambiguous order of this court that only regulatory measures can be taken to regulate the crowd and it can't be a preventive step," the plea added.

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The plea said that the petitioner had personally visited at least two metro stations, GTB Nagar and Vishwavidyalaya, about 9:30 PM on Friday, and found that entry gates were completely closed and exit gates were being manually regulated.

Accusing officials of "deliberately, intentionally and knowingly creating lawless conditions in the national capital," the plea seeks urgent ad-interim directions to revoke blanket prohibitory orders, establish an operational schedule with public notice, and issue notice directing the respondents to appear in person to show cause why they should not be punished for contempt.

(With Inputs From PTI)