"What is happening to my country?" Sibal asks SC over Delhi curbs
Kapil Sibal asks Supreme Court "What is happening to my country?" as he challenges train, metro, and hotel curbs ahead of CJP protest in Delhi.
In a high-stakes legal battle before the apex court, senior advocate Kapil Sibal expressed deep anguish over the massive security crackdown and restrictions imposed in Delhi ahead of a scheduled protest. Appearing for CPI(M) general secretary MA Baby, Sibal questioned the proportionality of the measures taken by authorities, asking the bench, “What is happening to my country?”
The urgent mention in the Supreme Court comes in response to the planned protest on October 10 by the Cockroach Janata Party (CJP) against Chief Election Commissioner Gyanesh Kumar. The petitioners are challenging a series of sweeping restrictions that they claim have effectively paralyzed the capital city.
Massive crackdown on transport and accommodation
Sibal detailed a wide-ranging list of restrictions that he argued are being used to stifle a peaceful demonstration. According to the senior counsel, the crackdown includes:
- Transport Disruptions: The cancellation of several major trains, including the Howrah, Shalimar, and Rajdhani Express, with services to New Delhi and Nizamuddin suspended between 4 am and 2 pm.
- Metro Closures: The reported shutting down of 57 metro stations.
- Hospitality Restrictions: Instructions allegedly given to hotels, including OYO, to stop taking guests and deny accommodation to travelers.
- Local Movement: Reports that Resident Welfare Associations (RWAs) are being instructed to prevent residents from stepping out, alongside the closure of the Nizamuddin area.
“Trains, Metro, Uber, OYO hotels, stadiums. The crackdown for Delhi on October 10,” Sibal told the court, emphasizing that these measures target the very infrastructure of daily life.
Arguments on Proportionality and Policing
The bench, comprising Chief Justice of India Surya Kant and Justices Joymlaya Bagchi and V Mohana, questioned why the petitioners had not approached the Delhi High Court first. Sibal clarified that while a similar plea by the Indian Youth Congress is pending in the High Court, it has been adjourned until Monday.
Senior advocates joined the fray to argue that the government's response is excessive. Abhishek Manu Singhvi highlighted the massive scale of the policing operation, citing the deployment of 221 CAPF companies and the preparation of 10 detention centres. He argued that such sweeping measures require intense judicial scrutiny to ensure they are proportionate to the perceived threat.
Gopal Sankaranarayanan added a sharp critique, stating that the government cannot simply shut down an entire city because it lacks the capacity to manage protestors. Meanwhile, Vrinda Grover pointed out that while the CJP has been denied permission to protest, heavy barricading in the city could render any designated demonstration sites ineffective.
The Court's Observation
The bench raised concerns regarding the legality of the gathering, with Justice Bagchi noting that without official permission, the proposed assembly could be deemed unlawful. The judges indicated that any judicial intervention would need to balance the right to protest against other competing interests, including the possibility of restraining the gathering itself.
The Chief Justice suggested that the matter could be heard by the Delhi High Court at 3 pm on Friday. The legal teams agreed to return to the court with further details and a formal plea filed by the protest organiser.