In its written order from the special Sunday sitting, the Supreme Court has recorded a prima facie case in a contempt petition alleging violation of its October 9 directions on Delhi Metro and rail services, and has called for a counter affidavit and compliance report by October 13.
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New Delhi: The Supreme Court has held that the petitioners have made out a prima facie case in a contempt petition alleging wilful violation of its October 9, 2026 order on Delhi Metro and rail services during the protests of October 10, and has issued notice to the alleged contemnors, directing them to file a counter affidavit and a compliance report by October 13 [Shailendra Mani Tripathi v. Govind Mohan].
A Bench of Justice Joymalya Bagchi and Justice V Mohana granted permission to file the contempt petition and heard it at an urgent Sunday sitting. The finding is prima facie and is not a finding of contempt. The Union disputes the allegations, and they remain untested.
What The October 9 Order Required
The Bench recalled that on October 9 it had observed that the Metro closure notifications appeared overreaching and distinguished between prohibition and regulation of train movement. The order extracted in the Sunday record reads:
“It appears that the notifications are overreaching, as they impose a complete ban upon essential public transportation.”
In summary, the Bench noted, the authorities were directed to revisit the notification closing 57 Metro stations, keeping in mind that Metro and rail services may be regulated in appropriate situations but not prohibited outright; to give wide publicity to the reconsidered decision; and to issue fresh traffic advisories in newspapers and online platforms. A compliance report was required within four days, that is, by October 13.
The Allegations And The Union’s Reply
Senior Advocates KK Venugopal, Kapil Sibal, N Hariharan, Gopal Sankaranarayanan, Menaka Guruswamy, Shadan Farasat, Monika Gusain, Shoeb Alam and Sanjay Hegde, with other counsel, submitted that there were flagrant violations of the October 9 directions: the Metro was not functioning, New Delhi and Nizamuddin railway stations remained closed, and no traffic advisories were issued. Dr Guruswamy took the Bench through the pleadings, which aver that GTB Nagar and Viswavidyalaya Metro stations, among others, were completely shut to the public in deliberate and wilful violation of the order.
Solicitor General Tushar Mehta and Additional Solicitor General SV Raju orally denied and disputed the allegations. Mehta contended that the Delhi Metro was functioning normally, though 45 of 303 stations had been closed to maintain law and order. He assured the Court that all Metro stations had been open since 10 PM on Saturday, trains were functioning normally and internet connectivity had been restored.
The Court’s Direction
“Having considered the submissions of the learned counsel for the parties and perused the averments in the Contempt Petition, we are of the opinion that the petitioners have made out a prima facie case. Accordingly, we issue notice upon the alleged contemnors.”
The alleged contemnors must file a counter affidavit, including a compliance report in terms of the October 9 order, by October 13, and their personal presence is dispensed with in the meantime. Notice was also issued in the connected habeas corpus petition. Unlisted petitions mentioned in Court, Diary Nos. 63952/2026, 63943/2026 and 63944/2026, are to be served on the office of the Solicitor General during the day and tagged with the present matters, as are the intervention and impleadment applications. The matters are listed on October 13.
The allegations of contempt are disputed by the Union and are yet to be adjudicated. The Court has not recorded any finding of contempt.
Case Details: Shailendra Mani Tripathi v. Govind Mohan, Contempt Petition (Civil) Diary No. 63801/2026 (arising out of the order dated 09.10.2026 in Diary No. 63560/2026), with Writ Petition (Criminal) Diary No. 63858/2026. Bench: Justice Joymalya Bagchi and Justice V Mohana. Order dated October 11, 2026. Next hearing: October 13, 2026.
Appearances: Dr Menaka Guruswamy, Senior Advocates Kapil Sibal, KK Venugopal, N Hariharan, Gopal Sankaranarayanan, Shoeb Alam, Sanjay Hegde, Shadan Farasat, Monika Gusain, Arundhati Katju and Avi Singh, and Advocate Shailendra Mani Tripathi in person, for the petitioners; Solicitor General Tushar Mehta and ASG SV Raju for the respondents.