New Delhi – India's Supreme Court issued a directive on Sunday, mandating that authorities ensure individuals gathering peacefully are not subjected to illegal detention. The court underscored that any detention must strictly follow established legal procedures, a pronouncement made amidst ongoing protests in Delhi.
The protests have seen citizens demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the 'SIR process'. Allegations of police excesses and unlawful detentions during these demonstrations prompted the Supreme Court's intervention.
Court Upholds Peaceful Protesters Rights
A bench comprising Justices Joymalya Bagchi and V Mohana stated that peaceful protesters cannot be illegally detained, particularly in areas not covered by prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court's order stressed that any restrictions on movement or detention must be in accordance with the law.
Directives on Public Services and Movement
Beyond detentions, the Supreme Court also issued several other key directives:
- Barricades: Authorities were instructed to review and adjust barricades in Delhi, considering both law-and-order requirements and traffic flow.
- Metro and Rail Services: The court ordered that Metro and rail services operate normally unless specific restrictions are absolutely necessary to maintain public order.
- Internet Services: Internet services must remain undisturbed, adhering to existing legal frameworks for any potential disruptions.
- Free Movement: Authorities are to permit the free movement of people and traffic, subject only to lawful restrictions and traffic management needs.
- Section 163 Notices: Any notices announcing Section 163 restrictions in and around the Supreme Court premises were ordered to be removed if still present.
- Lawyers' Access: Lawyers must not be obstructed from performing their professional duties.
Contempt Proceedings and Future Hearing
The special Sunday hearing followed petitions challenging police actions during Saturday's protests, which included allegations of detentions involving political leaders, lawyers, journalists, and ordinary citizens. Concerns were also raised about alleged assaults on advocates and mediapersons, widespread internet service disruptions, and the closure of 45 Metro stations.
During the hearing, senior advocate Kapil Sibal sought relief against restrictions preventing people from reaching Delhi and the designated protest site at Jantar Mantar. The court subsequently issued notices to the Union Home Secretary, Delhi Police Commissioner, and Delhi Metro Rail Corporation (DMRC) in contempt proceedings over alleged violations of its earlier orders regarding transport services.
The government is expected to respond to the allegations of illegal detentions, excessive force, and statutory duty violations when the court hears the matters again on Tuesday.