By Sangeeta Sharma
New Delhi, Oct 10 (NVI): A Special Bench of the Supreme Court will hear tomorrow (Sunday) a petition challenging the preventive detention of opposition leaders and others during today’s protests in Delhi against Chief Election Commissioner Gyanesh Kumar.
The petition has been filed by senior advocate Maneka Guruswamy and it will be heard by Justice Joymalya Bagchi and Justice V. Mohana of the Supreme Court.
Guruswamy has questioned the police action of detaining protesters from the streets and picking up opposition leaders, including four former Chief Ministers, during the demonstrations at Jantar Mantar.
The plea contends that preventive detention cannot be used to suppress the fundamental right to peaceful protest, particularly when the persons detained include leaders who have previously held constitutional offices.
The matter assumes significance amid allegations of police action against lawyers who were participating in the protests.
The Delhi High Court Bar Association (DHCBA) has strongly condemned what it described as the “illegal detention” of several advocates by Delhi Police and the “disproportionate” use of force against lawyers.
The DHCBA said video footage showed lawyers, including Senior Advocates, being physically dragged by police personnel, describing the alleged treatment as “wholly reprehensible” and a serious affront to the dignity and constitutional rights of members of the legal fraternity.
The Supreme Court is also expected to consider a separate contempt petition alleging non-compliance with its October 9 directions concerning public transport during the protests.
The contempt plea, filed by advocate Shailendra Mani Tripathi, alleges that several Delhi Metro stations remained closed despite the Court’s direction against a complete shutdown of public transport. It names Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and DMRC Chairperson D. Thara as respondents./ SNG
