Solicitor General defends Delhi curbs: Solicitor General Tushar Mehta told the Supreme Court that the national capital has not been shut down, that a complete stoppage of services may be proportionate depending on circumstances, and that internet curbs are limited to sensitive areas. The submissions are untested.
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New Delhi: Defending the Union’s measures before the Supreme Court, Solicitor General Tushar Mehta submitted that Delhi has not been shut down and that a complete stoppage of transport may be proportionate depending on the circumstances, in a plea against alleged restrictions on trains, Metro and internet ahead of the October 10 protest [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 Court expressed no view on the merits, and the submissions below are the Union’s contentions, which remain untested.
City not shut down
The Solicitor General submitted that the city has not been shut down and that services continue to operate, with measures adopted for security and crowd management.
Proportionality
He contended that a complete stoppage of services may, depending on the circumstances, be a proportionate response, and pointed to the violence that followed the attempted march to Parliament on July 20 as the backdrop to the present arrangements.
Internet curbs
On the internet restrictions, the Union submitted that they are limited to sensitive areas and will be reviewed.
Petitioners’ position
The petitioners have alleged that the restrictions are overbroad and burden the right to assemble and protest. These are allegations and have not been adjudicated.
Outcome
The Court recorded that there shall be no complete prohibition on the movement of Metro and trains, with the Solicitor General agreeing to take the matter up with the authorities.
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: Solicitor General Tushar Mehta for the Union; Senior Advocate Kapil Sibal and other counsel for the petitioners.
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