New Delhi: The Supreme Court on Tuesday heard a batch of petitions alleging police excesses, mass detentions and restrictions on journalists during protests against Chief Election Commissioner Gyanesh Kumar in Delhi.
A three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana heard the petitions, which also raised concerns over the closure of metro stations, disruption of train services, internet restrictions and alleged surveillance of protesters.
During the hearing, the bench identified nine categories of issues arising from the petitions and decided to hear them separately. The court also asked the parties to organise their submissions category-wise to ensure an orderly hearing.
The petitions include those filed by CPI(M) General Secretary M A Baby, Rajya Sabha MP A A Rahim, advocates and journalists' organisations, and senior advocates Menaka Guruswamy and Indira Jaising, among others.
Senior advocate Menaka Guruswamy, appearing for detained opposition leaders, including four former chief ministers, student activists and other protesters, raised concerns over the alleged detention of around 7,000 people. She questioned the police action, describing the detentions as a serious blow to democratic rights.
However, Solicitor General Tushar Mehta disputed the characterisation, submitting that the individuals had been removed from the protest site rather than detained.
Senior advocate Indira Jaising reiterated the demand for a committee headed by a woman to investigate allegations of sexual assault and harassment against women journalists during the protests.
The Chief Justice indicated that the petition concerning women journalists would be heard separately on November 23.
The bench also took up concerns over the use of facial recognition technology and the alleged surveillance of protesters. Advocate Prashant Bhushan questioned the legal basis for collecting photographs and videos of demonstrators, raising concerns over privacy and the handling of personal data.
The court also heard submissions concerning the restrictions imposed on metro and train services during the protests. A contempt plea has been filed alleging non-compliance with the court's earlier directions on maintaining public transport services.
In an earlier hearing, the Supreme Court had directed authorities to preserve CCTV footage and other digital evidence related to the protests. It had also asked the Centre to produce orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita during the demonstrations.
Separately, the bench heard a petition filed by traders' organisations alleging business losses due to the protests. During those proceedings, Chief Justice Surya Kant observed that no group could occupy a designated protest site indefinitely, stating that farmers, journalists and other sections of society must also have access to public spaces to exercise their right to protest.
The court also directed the traders' organisations to implead the organisers of the protests in their petition.
The proceedings are continuing, with the court examining allegations concerning police action, restrictions on public movement, surveillance and the exercise of the right to peaceful protest.