'We will not permit Supreme Court to become...': CJI Surya Kant amid stir against CEC Gyanesh Kumar

Chief Justice of India (CJI) Surya Kant on Monday said lawyers have the right to participate in peaceful protests at designated locations, while hearing a request concerning the alleged detention of lawyers and police excesses during demonstrations in Delhi against Chief Election Commissioner (CEC) Gyanesh Kumar and the Election Commission of India (ECI).

The matter was raised before the CJI-led bench by Senior Advocate Gopal Sankaranarayanan, who alleged that lawyers had faced police action during the protests, Live Law reported. He also questioned the absence of a publicly available order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which was cited in connection with restrictions on gatherings.

Sankaranarayanan urged the court to ask the police to exercise restraint and raised concerns over the treatment of senior advocates during the demonstrations.

Senior advocate alleges police excesses

Referring to the alleged detention and physical handling of lawyers, Sankaranarayanan told the bench that the police should also be urged to show restraint.

"This is with reference to the protests and that there is no S.163 order available at all in the public domain. We have challenged the vires also of one section. At a time when our Senior Advocates being dragged through streets, physically Mr Farasat was dragged through streets.

It was most unseemly. It shouldn't have happened. Your lordships have said we must try to exercise restraint. Once I would hope your lordships to say the same to the police, that has not come from this bench so far. I hope that happens. Because the police, the excesses the police are allowing...the hooligans are running around attacking children".

He sought an early hearing and requested that the matter be taken up on Tuesday along with the connected case concerning the protests against the CEC.

CJI says lawyers can join peaceful protests

Responding to the submissions, the CJI said he did not wish to make further comments at that stage but emphasised the right of lawyers to participate in peaceful demonstrations at identified locations.

The CJI then was quoted as saying by Live Law, "As of now, I don't want to say anything as of now...I am only requesting, we will not permit the Supreme Court to become a...but every lawyer, every member of the bar has the right to be a part of the peaceful protests, wherever the identified locations are there..."

Sankaranarayanan subsequently alleged that private individuals were attacking protesters while the police failed to intervene. He claimed that children had been struck with lathis and said he would present videos before the court at the next hearing.

He also told the bench that senior advocates Dinesh Dwivedi and Uttara Babbar had been detained in buses. Calling for judicial intervention, he said the court should send a strong message to the police over the alleged incidents.

Supreme Court had earlier addressed detention concerns

The CJI agreed to list the matter for hearing on Tuesday.

On Sunday, during a special sitting, the Supreme Court ordered that unarmed citizens should not be illegally detained. It also said lawyers, journalists and other professionals must not be prevented from carrying out their professional duties.