Tushar Mehta Kapil Sibal: The Supreme Court heard a sharp exchange between Senior Advocate Kapil Sibal and Solicitor General Tushar Mehta over curbs on Delhi trains, Metro and internet ahead of the October 10 protest. The contentions are untested and the Court expressed no view on the merits.
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New Delhi: The Supreme Court on Friday witnessed a pointed exchange between Senior Advocate Kapil Sibal and Solicitor General Tushar Mehta, appearing for the Union, while hearing a plea against alleged restrictions on trains, Metro services and internet access 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 matter was heard by a Bench of Chief Justice of India Surya Kant, Justice Bagchi and Justice Mohana.
The exchange
Arguing for the petitioners, Sibal contended that the alleged curbs went to the heart of the right to protest. In the course of his submissions he remarked:
“What is happening to my country?”
Responding for the Union, Mehta said:
“It is our country.”
Sibal answered:
“When I say my country, I mean yours too.”
The two positions
The petitioners have alleged that restrictions on rail and Metro movement and on internet access amount to an overbroad curb on the right to assemble and protest. The Union, through the Solicitor General, has maintained that the measures are aimed at law and order and public safety. Both positions are contentions at this stage and have not been tested.
What the Court did
The Court did not return any finding on the merits of the protest or of the restrictions. Later in the day, it recorded that there shall be no complete prohibition on the movement of Metro and trains, as reported separately.
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 for the petitioners; Solicitor General Tushar Mehta for the Union.