Lawyers detained during a protest outside the Supreme Court in New Delhi were released after nearly two hours on October 10 following intervention by Chief Justice of India Surya Kant’s office, according to the Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association.
The lawyers had assembled to demand the resignation of Chief Election Commissioner Gyanesh Kumar. Delhi Police took the group to the Yamuna Sports Complex while they were protesting near the Supreme Court and preparing to march towards Mandi House, advocate Shashank Singh, who was among those detained, told The Hindu.
The release followed resolutions by the SCBA and SCAORA addressed to the CJI. SCAORA president Devvrat said the association was later informed by the CJI’s office that the Delhi Police Commissioner had been asked to ensure the lawyers’ immediate release. The CJI was travelling after an earlier meeting sought by the association, Mr. Devvrat said.
Mr. Singh said the protest had been peaceful and that the lawyers were detained after Delhi Police personnel arrived at the site. The source report did not include a statement from the Delhi Police explaining the grounds for the detentions or the specific restrictions in force around the Supreme Court area.
The incident has drawn concern from several lawyers’ bodies, including the SCBA, SCAORA, the Bombay Lawyers Association and the Lawyers’ Association for Constitution. Their statements focused on the legal limits of restrictions on public assembly and the conduct of enforcement agencies during demonstrations in central Delhi.
In its resolution, SCAORA referred to Article 19 of the Constitution, which guarantees the right to express grievances and assemble peacefully subject to reasonable restrictions imposed by law. It said any action by the authorities should remain within legal limits and should not involve unnecessary or excessive force. The association also raised concerns about reports that some police personnel were not displaying their badges and about allegations of excessive force.
The SCBA said it had been informed that senior and young advocates, including women lawyers, had been detained while protesting in the Supreme Court area. It expressed grave concern and urged that such incidents not be repeated, while calling for the dignity, safety and professional independence of lawyers to be respected.
The Lawyers’ Association for Constitution similarly said that restrictions on peaceful assembly must have a clear legal basis and remain necessary, proportionate and respectful of human dignity. It urged the CJI to intervene with the authorities to secure the safety and liberty of the detained lawyers.
The lawyers’ bodies said they planned to hold consultations on free speech and the right of lawyers to protest near their chambers and workplaces. The immediate next step is expected to be those consultations and further consideration by the associations of the police action and restrictions governing demonstrations in the Supreme Court area.
