Supreme Court Addresses Illegal Detentions During CJP Protest in Delhi

The CSR Journal Magazine

The Supreme Court emphasised the importance of ensuring that individuals who assemble peacefully should not face unlawful detentions. This assertion came during a session on Sunday addressing allegations regarding non-compliance with the court’s prior directives concerning public transport and access during the CJP protest.

In a special sitting, the court called upon the Centre to respond to a petition demanding contempt proceedings for what was purportedly a breach of its earlier order. This order stipulated that there should be no “complete prohibition” on metro and train services in Delhi, particularly in light of the ongoing protests.

Details of the Hearing and Allegations

A bench consisting of Justices Joymalya Bagchi and V Mohana directed Solicitor General Tushar Mehta to guarantee that the Delhi Metro operates according to its normal schedule, highlighting that internet services should also remain unaffected, provided law and order is preserved. The court reiterated that professionals, including lawyers and journalists, should be allowed to perform their duties without obstruction.

The bench convened for an urgent hearing following urgent applications citing violations of a previous order dated October 9, 2026, which accused authorities of illegally detaining numerous individuals during the protests that ensued on October 10, 2026. Senior counsels expressed concerns over a blatant disregard for the court’s pronouncements, noting disruptions, including non-functioning metro operations, closed railway stations, and the absence of traffic advisories, which resulted in considerable inconvenience and harassment for attendees.

In response to the allegations, Mehta indicated that restrictions had only affected entry and exit at 45 out of the 303 metro stations on October 10. The court pointed out its intention to listen to all legal representatives involved in the case about the plea seeking contempt actions against various authorities for alleged infractions of its directives.

Context of the CJP Protest

The situation arises against the backdrop of a substantial protest organised by the CJP, supported by student organisations, advocating against Chief Election Commissioner Gyanesh Kumar. The demonstrations were prompted by purported irregularities within the Election Commission’s operations.

In view of the escalating unrest, the government previously imposed restrictions on a planned mass mobilisation at Jantar Mantar, resulting in the detention of over 7,000 protesters. Among those detained were prominent figures such as CJP leader Abhijit Dipke, several opposition politicians, and YouTuber Dhruv Rathee.

The focus of the Supreme Court’s proceedings on Sunday was on claims that the measures taken by the authorities extended beyond the scope of its previous instructions aimed at maintaining access and mobility throughout the protest period.

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