SC mandates free movement, no illegal detentions, ‘subject to public order’
The Supreme Court of India held an emergency hearing to order the government and Delhi Police to restore free movement, internet access, and public transport services. The court emphasized that while the state maintains the power to enforce public order, it must avoid illegal detentions and ensure access to legal services.
Why it matters
This ruling highlights the tension between state security measures and fundamental civil liberties, including the right to protest and access to justice during periods of civil unrest.
A day after mass detentions and a “curfew-like” clampdown on civil rights, which senior lawyers compared to the 1975 Emergency, the Supreme Court convened what it called an “extraordinary, exceptional” Sunday hearing to direct the Union government and the Delhi Police to allow free and smooth movement of people and traffic, as well as the operations of Metro and rail services, but “subject to law and public order”.
A Special Bench of Justices Joymalya Bagchi and V. Mohana issued notice to Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation (DMRC) chairperson D. Thara on petitions seeking contempt action against them for allegedly violating an October 9 order which barred any “outright prohibition on the movement of Metro trains” and public transport on October 10.
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