The Supreme Court will convene a special bench on Sunday to hear a habeas corpus petition challenging the preventive detention of four former chief ministers and other political leaders during Saturday's protests in Delhi against the Chief Election Commissioner. The petition, filed by senior advocate and Trinamool Congress Rajya Sabha member Menaka Guruswamy, invokes Article 32 of the Constitution and seeks the immediate release of those detained.

According to the cause list, a bench comprising Justices Joymalya Bagchi and V Mohana will take up the matter on a day when the apex court ordinarily remains closed, underscoring the urgency and sensitivity of the issue. The court will also hear a related contempt petition alleging that authorities violated its October 9 order by shutting down Delhi Metro stations and cancelling trains ahead of the protests.

Rare Sunday Hearing Signals Urgency

The decision to list the habeas corpus plea on a Sunday reflects the gravity with which the Supreme Court views the alleged curtailment of fundamental rights. The petition challenges the preventive detention of former Delhi Chief Minister Aravind Kejriwal, West Bengal Chief Minister Mamata Banerjee, Kerala Chief Minister Pinarayi Vijayan, and former Tripura Chief Minister Manik Sarkar, along with other political workers and activists from several parties, including the Cockroach Janta Party (CJP).

Guruswamy, in her petition, has argued that many of the leaders were picked up from their homes and taken to undisclosed locations before they could even reach the protest site at Jantar Mantar. She contends that such preventive detention cannot be used to suppress the fundamental right to peaceful protest, especially when the detainees are former heads of state governments. The petition emphasises that the right to assemble peacefully and express dissent is constitutionally protected and cannot be curtailed through arbitrary arrests.

Challenging Preventive Detention

The habeas corpus plea specifically questions the legality of the detentions effected on Saturday during the demonstration called by opposition parties against the Chief Election Commissioner. Guruswamy has argued that the police action was disproportionate and lacked any reasonable justification. By detaining former chief ministers from their residences, the authorities have overstepped the limits of executive power, the petition claims.

The Supreme Court, in its previous orders, has consistently upheld the right to peaceful protest as an integral part of the right to freedom of speech and expression under Article 19(1)(a) and the right to assemble peaceably under Article 19(1)(b). The petitioners now seek a judicial declaration that the preventive detentions were illegal and a direction for the immediate release of all those held.

Contempt Petition Over Metro Shutdown

Alongside the habeas corpus plea, the court will hear a contempt petition filed by lawyer Shailendra Mani Tripathi. Tripathi has alleged that the authorities deliberately flouted the Supreme Court's October 9 order, which directed that public transport, including the Delhi Metro, must operate in a regulated manner and should not be completely shut down to avoid inconvenience to residents. He has named Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar, and Delhi Metro Rail Corporation chairperson D Thara as respondents, accusing them of wilful disobedience.

Speaking to reporters, Tripathi said, "The authorities, police and others have completely forgotten yesterday’s SC order, which strictly said that public transport should be permitted to operate in a regulated manner to avoid inconvenience to Delhi residents." The closure of multiple Metro stations on Saturday effectively paralysed movement in the national capital, the petition argues, and amounts to a brazen violation of the court's directive.

Legal Significance and Next Steps

The combined hearing of the habeas corpus plea and the contempt petition places the spotlight on the balance between the state's power to maintain public order and the citizen's fundamental rights under Articles 19 and 21. Legal experts note that the Supreme Court's willingness to hear these matters on a weekend indicates its readiness to intervene promptly when core constitutional freedoms are at stake.

The bench of Justices Bagchi and Mohana is expected to examine the legality of the preventive detentions and the compliance with its earlier order on public transport. If the court finds merit in the habeas corpus petition, it could order the immediate release of the detained leaders and set a precedent for future protest-related arrests. Similarly, if the contempt petition is upheld, the authorities may face sanctions for non-compliance.

The proceedings on Sunday will be closely watched by constitutional lawyers, civil rights activists, and political observers. The outcome will not only determine the fate of those currently detained but will also send a clear signal about the judiciary's role in safeguarding democratic freedoms during times of political tension. Both matters are listed for hearing and the court may also issue interim directions pending a fuller hearing.