Full Breakdown
Supreme Court Scrutinises Delhi Protest Restrictions and Legal Challenges
By Drooid · · How we work
Supreme Court Hears Delhi Protest Petitions
On October 15, a bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi heard roughly 46 petitions on alleged police brutality, unlawful detentions, journalists’ rights and the de-notification of Jantar Mantar. The petitions stemmed from the October 10 protest called by the Cockroach Janta Party (CJP) demanding the resignation of Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision of electoral rolls.
Background & Context
The CJP protest followed earlier gatherings on October 6-8 and a “Chalo Sansad” march on July 20 that injured police personnel. Delhi Police denied permission for the October 10 rally, citing intelligence inputs and the risk of public-order disruption. Police invoked the Bharatiya Nagarik Suraksha Sanhita (BNSS) provisions—Section 163 (prohibitory orders) and Section 172 (detention for non-compliance). The Supreme Court had previously directed that Metro services not be completely prohibited and that internet facilities remain unhindered.
Timeline
- July 20 – Unauthorised march, injuries to over 240 officers.
- October 6-8 – Protests cause traffic snarls in central Delhi.
- October 9 – Court orders against total Metro shutdown; police seek limited restrictions.
- October 10 – Police detain participants for two-to-six hours, suspend cellular internet within a four-km radius of Raisina Hill, and regulate 45 of 303 Metro stations.
- October 11 – Advocates allege mass detention of journalists; police file affidavits defending actions.
- October 15 – Senior Advocate Gopal Sankaranarayanan withdraws from seven protest-related cases.
- October 28 – Court orders segregation of overlapping petitions.
- November 19 – Adjournment of challenges to Section 163; notice issued on Section 172.
Data & Statistics
- 46 petitions listed for hearing on October 15.
- 45 Metro stations (? 15 %) were closed on October 10; normal service resumed at 10 pm.
- Journalist bodies reported over 40 journalists detained, while the Committee to Protect Journalists counted 37.
Official Statements & Responses
- Govind Mohan, Union Home Secretary, called the one-day suspension of cellular internet a “proportionate measure.”
- Tushar Mehta, Solicitor General, said the government’s apologies were “unconditional and unqualified” and that authorities had complied with the Court’s Metro directives.
- Mukta Gupta, former judge and senior advocate, warned that removing Jantar Mantar without procedural safeguards would impair the right to be heard.
Criticism & Opposition
- The Delhi Union of Journalists (DUJ) and Network of Women in Media India (NWMI) filed petitions alleging mass detention and seizure of equipment, calling the police actions “an attack on press freedom.”
- Senior advocates Anna Oommen and Anne Mathew recounted physical abuse and unlawful detention of lawyers during the protest, expressing disappointment in the Court’s response.
- Brajesh Singh, advocate, linked the protests to repeated deficiencies in the electoral rolls.
Conflicting Reports & Gaps
- Detention figures vary: DUJ cites “over 40,” CPJ notes 37, police affidavits claim “around a dozen.”
- Train cancellation numbers differ: the Railway Board mentions 41 arrivals cancelled, while other reports reference 165 expected trains with only post-2 pm services affected.
- The scope of internet disruption is contested: police state only “cellular” services were suspended, whereas some outlets reported a broader “internet” shutdown.
What’s Next
The Court has scheduled further hearings on the Section 172 challenge for November 19, and will revisit the Jantar Mantar de-notification case on November 17. Responses from the Centre, Delhi Police and the Election Commission are pending on the petitions concerning protest venue adequacy and guidelines for journalist-police interactions.