New Delhi: Chief Justice of India (CJI) Surya Kant Monday said that every lawyer has the right to participate in peaceful protests at designated locations.
The observations were made when a bench comprising the CJI and Justices Joymalya Bagchi and V Mohana was told by senior advocate Gopal Sankaranarayanan that lawyers were detained and that there were instances of “police excesses” during demonstrations against Chief Election Commissioner Gyanesh Kumar and the Election Commission.
The bench agreed to list the matter for hearing Tuesday.
Sankaranarayanan raised concerns over the alleged police action against lawyers and the absence of an order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in the public domain.
Seeking judicial intervention, the senior lawyer urged the court to ask police to exercise restraint, alleging that lawyers had been subjected to physical force and detention during the protests.
“There is no Section 163 order available at all in the public domain. We have challenged the vires of one section as well,” he submitted, alleging that Senior Advocate Shadan Farasat had been dragged through the streets.
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Describing the incident as “most unseemly”, the senior counsel said that the Supreme Court had repeatedly urged lawyers to exercise restraint and expressed hope that a similar message would be conveyed to police.
He further alleged that private individuals were attacking protesters while the police failed to intervene effectively.
Referring to reports of children being struck with lathis, he said videos of the alleged incidents would be shown to the court Tuesday.
Sankaranarayanan also claimed that senior advocates Dinesh Dwivedi and Uttara Babbar had been detained in buses during the protests.
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He urged the Supreme Court to intervene and send a strong message against police excesses, stating that lawyers and citizens should not be left without protection.
Responding to the submissions, the CJI said he did not wish to make further observations, but emphasised that lawyers had the right to participate in peaceful demonstrations at designated locations.
“As of now, I don’t want to say anything,” the CJI said, adding that the Supreme Court should not become a platform for developments that could undermine its institutional role.
He reiterated that every lawyer and member of the Bar had the right to be part of peaceful protests at identified locations.
The bench has already listed the plea of the Supreme Court Bar Association (SCBA) and others for hearing Tuesday.
