NEW DELHI: The Supreme Court on Monday agreed to hear on Tuesday a batch of petitions concerning disruptions to court functioning and difficulties faced by lawyers amid protests in Delhi against the Special Intensive Revision (SIR) and demands for the resignation of Chief Election Commissioner Gyanesh Kumar.
Supreme Court Bar Association (SCBA) president Pradeep Rai told the court that lawyers, litigants and staff were unable to reach the Supreme Court due to prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), barricades, Metro closures and internet shutdowns.
Taking note of the submissions, Chief Justice of India Surya Kant said, "Democratic activities must take place smoothly, but there should be no obstruction to the functioning of the Supreme Court or movement of lawyers, court staff and litigants".
The CJI said he had appealed to protesters and political parties to ensure that court work was not affected. "I have appealed to protesters also. All political parties also. The Supreme Court should not be dragged into this. There should not be any impediment in the movement of lawyers, litigants, court staff. They should be allowed to work," he said.
A three-judge Bench comprising the CJI and Justices Joymalya Bagchi and V Mohana heard Rai's submissions. Rai said Delhi Police communications directing the closure of Metro stations and cancellation of trains appeared to impose a complete prohibition on essential public transport.
He also said internet restrictions had affected e-filing, virtual hearings and access to cause lists, leaving many young lawyers who depend on the Metro stranded.
The CJI reiterated that courts were essential services and could not be allowed to be paralysed. He said democratic dissent must be allowed while court functioning was protected.
The Bench also took note of other petitions alleging the illegal detention of more than 6,000 people, house arrests of leaders, including Arvind Kejriwal, Mamata Banerjee and Pinarayi Vijayan, and harassment of women protesters.
Senior advocate Gopal Sankaranarayanan told the Bench that lawyers had faced police action during the protests and that no order under Section 163 of the BNSS was available in the public domain. He urged the court to ask the police to exercise restraint and requested that the matter be heard on Tuesday along with the connected petition concerning the CEC protests.
The CJI said, "As of now, I don't want to say anything. I am only requesting, we will not permit the Supreme Court to become a (tool), but every lawyer, every member of the bar has the right to be a part of the peaceful protests, wherever the identified locations are there..."
On Sunday, during a special sitting, the Supreme Court directed authorities to ensure that Metro and train services functioned normally unless restrictions were required for public order. It also ordered an immediate review of barricades, restoration of internet services and an end to illegal detention of peaceful, unarmed gatherings outside areas covered by Section 163 of the BNSS. The court further directed that lawyers and journalists should not be obstructed.
The Bench ordered the removal of a notice board inside the Supreme Court premises invoking Section 163 of the BNSS. It also issued notices to alleged contemnors, including Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and DMRC chairperson D Thara, and sought a compliance report by October 13.
