Law
Article 19(2) and Article 32 explained: The constitutional basis of the Supreme Court’s order
At a special Sunday sitting on October 11, the Supreme Court directed that Delhi’s Metro and rail services be restored, internet access kept uninterrupted and barricades reviewed, and sought responses on alleged excessive force and illegal detentions.
Article 19(2) allows reasonable restrictions on freedoms such as assembly in the interest of public order.
The court said that Metro and rail restrictions are permitted only where justified under Article 19(2).
Article 32 gives a right to approach the Supreme Court to enforce fundamental rights.
The court said that it is duty-bound under Article 32.
The matters will be heard again on October 13.
It directed the government to review the barricades across Delhi and said that people must be able to move freely, subject to traffic regulations.
It said that people gathering peacefully must not be illegally detained, except as the law allows.
It said that lawyers, journalists and others must not be impeded in their professional duties.
It said that peaceful assemblies must be allowed in accordance with law, especially outside areas under Section 163 of the Bharatiya Nagarik Suraksha Sanhita.
It directed that any notice board announcing Section 163 restrictions near the Supreme Court be removed, if still there, so that access to the Supreme Court and other courts is not blocked.
It sought responses to allegations of excessive police force, illegal detention and the involvement of an unbadged police officer.
It reminded protesters to remain peaceful and not to instigate others.
The court said that it is duty-bound under Article 32 to protect and enforce fundamental rights.
Solicitor General Tushar Mehta told the court that all Metro stations were open and internet had been restored, according to ETV Bharat.
The Solicitor General said that 45 of 303 Metro stations had entry or exit restrictions on October 10, and that there was no reduction in Metro operations, with 271 trains inducted, according to the same reports.
Senior advocate Sanjay Hegde told the court that lawyers detained at the Sanjay Colony police station in Maidan Garhi were held for hours and allegedly beaten, according to India.com.
Supreme Court of India (file image), Wikimedia Commons, CC BY-SA 4.0