A bench comprising Justices R M Lodha and Shiva Kirti Singh issued notices to the Centre, the Delhi government and Chief Minister Arvind Kejriwal. The apex court granted six-week time to the respondents to reply to two PILs, filed by M L Sharma and Rajaraman. The apex court also pulled up Delhi police for not enforcing prohibitory orders under Sec 144 CrPc and wanted to know under what circumstances AAP protestors were allowed to stage a dharna at Rail Bhawan despite orders under Sec 144 CrPc in force.
The apex court, however, refused to entertain the prayer for criminal action against Mr Kejriwal, his Law Minister Somnath Bharti and other colleagues who held two-day-long dharna at the Rail Bhavan demanding suspension of five Delhi police officials for their inaction against alleged criminals in their areas till the completion of judicial inquiry ordered by Lt Governor Najeeb Jung. The petitioners contended that the persons holding constitutional posts have no right to protest against the government. The apex court will now examine the very important issue whether a person holding a constitutional post can be deprived of his fundamental right to freedom of speech and expression as a citizen of the country.