CJI Surya Kant: The Chief Justice of India asked why the plea against restrictions on Delhi trains, Metro and internet ahead of the October 10 protest was not taken to the Delhi High Court. The Court expressed no view on the merits.
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New Delhi: Chief Justice of India Surya Kant on Friday questioned why petitioners had approached the Supreme Court, and not the Delhi High Court, against alleged restrictions on trains, Metro and internet in Delhi ahead of the October 10 protest against Chief Election Commissioner Gyanesh Kumar [Plea against restrictions on Delhi trains, Metro and internet ahead of October 10 protest].
The Bench comprised Chief Justice of India Surya Kant, Justice Bagchi and Justice Mohana.
The CJI’s remarks
Noting the situation that had developed during the day, the CJI observed:
“There was nothing like this when we came in the morning.”
He then asked the petitioners’ counsel:
“Why you didn’t go to Delhi High Court.”
Balancing rights
Justice Bagchi made remarks on the right to association during the hearing. The Bench also asked how the competing interests could be balanced if one of the sides did not come before the Court.
Outcome
The Court recorded that there shall be no complete prohibition on the movement of Metro and trains, and the Solicitor General agreed to take the matter up with the authorities. The Court did not decide the merits of the protest or the curbs. The contentions of both sides remain untested.
Case Details: Plea against restrictions on Delhi trains, Metro and internet ahead of the October 10 protest, Supreme Court of India, Bench of CJI Surya Kant, Justice Bagchi and Justice Mohana. Case title and number to be added from the cause list.
Appearances: Senior Advocate Kapil Sibal and other counsel for the petitioners; Solicitor General Tushar Mehta for the Union.
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