‘No Illegal Detention’: Supreme Court Issues Interim Directions Over Delhi Protest Crackdown

The Supreme Court on Sunday issued a series of interim directions to the authorities over the crackdown on protesters in Delhi on October 10, directing that internet services remain undisturbed, movement across the city be facilitated and no illegal detentions take place.

A bench of Justices Joymalya Bagchi and V Mohana heard a batch of petitions challenging the detention of protesters by the Delhi Police and paramilitary forces, along with a contempt plea alleging wilful disobedience of the court’s October 9 order.

The court agreed to hear lawyers seeking to mention their respective pleas concerning the protest-related cases.

Directing authorities to review barricades in accordance with law-and-order and traffic requirements, the bench said the movement of people and vehicles across Delhi must not be unnecessarily obstructed. Delhi Metro and railway services should operate normally, with restrictions permitted only in accordance with law.

The court emphasised that peaceful assemblies must be allowed in accordance with law, particularly outside areas where prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) are in force. It also directed authorities to remove, if still in place, notices imposing Section 163 restrictions in and around the Supreme Court to ensure unhindered access to justice.

The bench recorded the authorities’ assurance that lawyers, journalists and other professionals would not be obstructed from performing their duties.

Issuing notice in the contempt proceedings, the court directed the authorities to submit a compliance report by Tuesday, October 13, including details of Metro restrictions and railway advisories.

Habeas corpus petitions alleging mass detentions and other connected matters will also be heard on October 13. The court said the state must explain the circumstances and legal justification for the alleged detentions, underscoring its duty under Article 32 to protect fundamental rights.