SC Seeks Free Movement In Delhi, Orders Removal Of Unnecessary Barricades Amid CJP Protest

The Supreme Court on Sunday directed authorities to remove barricades that were not absolutely necessary and withdraw restrictions on gatherings around its premises amid protests called by the Cockroach Janta Party (CJP). The directions came during a special hearing on petitions challenging the closure of Delhi Metro stations in connection with the demonstrations. A bench comprising Justices Joymalya Bagchi and V Mohana ordered authorities to withdraw restrictions imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in and around the Supreme Court. The bench said the measures should not create apprehension among people seeking access to the Supreme Court or other courts. It stressed that the ability to enter and leave court premises must be protected to ensure access to justice.

"We have been informed that a notice under Section 163 has been imposed in and around the Supreme Court. We direct the authorities to take down the restriction so that there is no apprehension of access to justice with regard to ingress and egress to the Supreme Court or any other court," the bench said. The court's directions came amid security measures introduced in the national capital in response to the CJP demonstrations. Barricades and restrictions on public movement had been put in place around sensitive locations as authorities sought to manage the situation. The Supreme Court, however, made it clear that such arrangements should not unnecessarily obstruct movement or interfere with access to judicial institutions.

The bench directed authorities to restore free movement while allowing reasonable regulation where necessary to maintain public order. Its observations indicated that security measures could remain in place where genuinely required, but unnecessary barricades and restrictions should be removed. The court's emphasis was on balancing public safety with the public's ability to move freely and approach courts without undue difficulty. The hearing followed petitions challenging the closure of certain Delhi Metro stations amid the protests. The restrictions had raised concerns about the impact on commuters and access to public transport in areas affected by the demonstrations. Petitioner and lawyer Shailendra Mani Tripathi alleged during the proceedings that the continued closure of Metro stations amounted to contempt of an earlier court order.

Also Read: Contempt Plea Filed in Supreme Court Against DMRC Over Metro Station Closures

The allegation brought the question of compliance with previous judicial directions before the bench. However, the available details do not indicate that the court made a final finding of contempt against any authority during Sunday's hearing. Instead, the bench issued directions concerning restrictions around the Supreme Court and the need to ensure access to courts. Section 163 of the BNSS, which replaced Section 144 of the Code of Criminal Procedure, empowers designated executive authorities to issue orders in urgent cases of nuisance or apprehended danger. Such orders can impose restrictions when authorities consider them necessary to prevent threats to public safety, peace or order. The Supreme Court's direction in this case focused on withdrawing the restrictions imposed in and around its premises so that they would not impede access to justice.

The special sitting underscored the importance of ensuring that security arrangements during public demonstrations remain proportionate to the circumstances. While authorities may regulate gatherings and movement to prevent disruption, the bench said the restrictions should not unnecessarily affect access to the judiciary. The directions came as the legal challenge over Metro station closures and protest-related restrictions continued to draw attention. Authorities are expected to implement the court's instructions by reviewing the barricades and restrictions in the specified areas, removing those that are not absolutely warranted and ensuring that people can reach the Supreme Court and other courts without undue obstruction.

Also Read: SC Directs Authorities To Prevent Disruption Of Delhi Metro And Rail Services Before CJP Protest