New Delhi, Oct 15 The Supreme Court on Thursday told the Centre that it was not taking cognisance of media reports suggesting that government authorities tendered unconditional apologies in contempt proceedings over alleged violations of its directions concerning Metro and train services in Delhi during a protest against SIR on October 10.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi made the observation after Solicitor General Tushar Mehta sought to clarify that the Centre and its instrumentalities like Delhi Police and DMRC defended its actions in affidavits filed in response to the contempt notices.
According to drafting norms, the affidavits filed by the Union home secretary, DMRC and Delhi Police start with the averments that unconditional apologies are tendered, the top law officer said.
Mehta told the bench that media headlines and social media posts were portraying the affidavits as admissions of wrongdoing, without taking into account the explanations and justifications provided by the authorities.
"I am not on the merits of the matter. I want to say something other than that, if the other side permits. The court has issued notice in contempt. We have filed responses in the contempt matters. The law is well settled that whenever we file a response to a contempt notice, the first sentence we write is that we hereby tender an unconditional apology, and thereafter we explain how contempt has not been committed," the solicitor general said at the outset.
"It is in compliance with that law that this is the first paragraph in every affidavit. But now, in the media and on social media, it is being said that the government has apologised, that they have nothing to say. I want to clarify that the government has defended its actions, and the first paragraph is in compliance with the law laid down by this court," the law officer said.
The CJI responded that media coverage was not relevant to the court's proceedings.
"What the media does is not relevant. We are not holding proceedings for the media," the CJI said.
Justice Bagchi then said the court was not taking cognisance of the unqualified apology referred to by the solicitor general, adding that, in view of Mehta's submissions, the apology appeared to be qualified.
Mehta, however, said that the apology was unconditional and that the affidavits subsequently set out the relevant facts and reasons for the authorities' actions.
"It is an unconditional apology. Thereafter, I have given the reasons. Thereafter, I have given the facts. That's all," he said.
The contempt proceedings relate to allegations that authorities violated the Supreme Court's October 9 directions to ensure there was no "complete prohibition" on Metro and train services in Delhi in view of the October 10 protest called by the Cockroach Janta Party (CJP).
Union Home Secretary Govind Mohan and Delhi Police Commissioner Anurag Kumar have filed affidavits tendering unconditional and unqualified apologies while also explaining and defending the measures taken by the administration.
In his affidavit, Mohan said a request was received from Delhi Police to suspend cellular internet services for a day, until 10 pm on October 10.
The request was processed and considered in accordance with law and found to be proportionate, given the prevailing circumstances and the need to maintain public order, he said.
According to the home secretary, cellular internet services were suspended from 10 pm on October 9 until 10 pm on October 10 within a four-km radius of Raisina Hill.
He clarified that the suspension was limited to cellular internet and did not extend to Wi-Fi, broadband or other non-cellular internet services.
Kumar, in his affidavit, said preventive measures taken on October 10 were based on intelligence inputs and assessments of the evolving ground situation.
He said the measures, including regulation of Metro services, were aimed at maintaining peace and preventing a disturbance of public order.
Kumar defended the police response, citing Delhi's sensitivities as the national capital and referring to the alleged history of mob violence, damage to public and private property, and injuries associated with the organisation and subsequent events on October 6, 7 and 8.
He also said an incorrect narrative was being propagated about the police action. Meanwhile, the Delhi Metro Rail Corporation (DMRC) has maintained that Metro services were not curtailed or cancelled because of the protest, although entry and exit were restricted at selected stations.
In an affidavit, the DMRC said restrictions were imposed at 45 of its 303 stations, or around 15 per cent of the network, from 9 pm on October 9 until October 10.
The remaining 258 stations continued to operate with full access for commuters, it said.
The DMRC said approximately 32 lakh passengers travelled on October 10, compared with around 58 lakh on a normal second Saturday, arguing that the lower ridership demonstrated the adverse impact of the protest on ordinary commuters.
