Supreme Court Issues Notices on Protest Restrictions and Prohibitory Orders
The Supreme Court directed the Delhi Police to place on record prohibitory orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita during recent protests. A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi also instructed law enforcement agencies to preserve CCTV footage and digital material related to the demonstrations.
The hearings follow restrictions surrounding an October 10 protest called by the Cockroach Janta Party. The demonstration targeted Chief Election Commissioner Gyanesh Kumar over the Election Commission’s Special Intensive Revision exercise.
Delhi Police Defends Internet Curbs and Metro Closures
Union Home Secretary Govind Mohan tendered an unconditional apology to the Supreme Court in his affidavit responding to contempt notices. Mohan argued that suspending cellular internet services for a day, from 10 pm on Oct 9 to 10pm on Oct 10, in the 4 km radius of Raisina Hills was necessary to prevent disturbance to public order and for maintenance of peace.
VIDEO | Delhi: Addressing a press conference, BJP spokesperson Pradeep Bhandari, says, "You must have heard Rahul Gandhi using the term political resistance.' The facts I am going to present before you today will prove that Rahul Gandhi’s objective is not democratic protest, but… pic.twitter.com/I7RsRzJdjv”
Seeking a modification of the Oct 11 order from the SC, Mohan asked that internet service suspensions be permitted during times of necessity, provided they strictly follow the law and comply with relevant statutory safeguards and requirements.
In a separate affidavit, Delhi Police Commissioner Anurag Kumar maintained that appropriate, lawful, and prompt actions taken by law enforcement successfully averted a serious public order crisis, highlighting the capital’s unique vulnerability to security threats alongside the department’s past experiences with mob violence, destruction of private and public property, and incidents that caused injuries to multiple people. The police denied permission for the October 10 rally, citing the late submission of the application and alleged violations during an earlier demonstration.
The Delhi Metro Rail Corporation disputed claims of sweeping transit shutdowns. In an affidavit, the DMRC reported that 271 trains were inducted into service on October 10, completing 4,157 scheduled trips. Only 57 of the network’s 303 stations were closed for entry and exit purposes, leaving 85 per cent of the network remaining open for roughly 32 lakh commuters.
Legal Challenges Target Detention Powers Under BNSS Section 172
Additionally, the Supreme Court entertained a writ petition that questions the legality of Section 172 of the BNSS under the Constitution, formally issuing a notice on the matter.
Leaders of parties that are part of the #INDIAbloc in #TamilNadu stage a demonstration in #Egmore, #Chennai, on Thursday, demanding the resignation of Chief Election Commissioner #GyaneshKumar. Photo: B. Jothi Ramalingam (@bkjothi) pic.twitter.com/xg747gq3Ec
Under this legal clause, law enforcement personnel are authorized to restrain, remove, or detain individuals who ignore, defy, resist, or refuse such orders, with the mandate to either produce them before a Magistrate or set them free at the earliest within a 24-hour window for minor offenses.
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