Delhi lawyers detained while protesting near the Supreme Court on Saturday were released after nearly two hours following intervention by the office of Chief Justice of India Surya Kant, according to the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA).
The lawyers had gathered outside the Supreme Court in New Delhi to demand the resignation of Chief Election Commissioner Gyanesh Kumar. They were taken to the Yamuna Sports Complex after Delhi Police intervened while the group was preparing to march towards Mandi House, advocate Shashank Singh, who was among those detained, told The Hindu.
Mr. Singh said the protest had been peaceful and that the lawyers were detained while they were assembled outside the court. He said the group was held at the sports complex for close to two hours before being released.
SCAORA president Devvrat said the association had approached the Chief Justice of India after learning about the detentions. According to Mr. Devvrat, the CJI’s office later communicated that the Delhi Police Commissioner had been asked to ensure the lawyers’ immediate release.
The SCBA and SCAORA had passed resolutions seeking the release of the detained lawyers. SCBA president Pradeep Rai thanked the Chief Justice for his intervention and urged the authorities to ensure that similar incidents were not repeated. He said the dignity, safety and professional independence of members of the Bar should be respected and that lawyers must be able to perform their professional duties without fear or intimidation.
The lawyers’ associations also raised concerns about the manner of the detentions. SCAORA said it was concerned by reports that senior and young advocates, including women lawyers, had been detained from outside the Supreme Court premises. It also flagged allegations that some police personnel were not displaying their badges and raised concerns about reports of excessive force.
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. The association said any action by the authorities must remain within the bounds of law and must not involve unnecessary or excessive force.
The Lawyers’ Association for Constitution also condemned the reported detention of lawyers and called for the safety and liberty of those involved to be secured. It said restrictions on peaceful assembly must have a clear legal basis, remain necessary and proportionate, and respect human dignity.
SCAORA president Devvrat said the association planned to hold consultations on broader questions concerning free speech and the right of lawyers to protest near their chambers and workplaces. Several lawyers’ bodies, including the SCBA, SCAORA, the Bombay Lawyers Association and the Lawyers’ Association for Constitution, have raised concerns about the police action and restrictions on protests in the national capital.
The immediate next step indicated by the lawyers’ associations is consultation on the legal and institutional questions arising from the detentions, including the limits on peaceful assembly near court premises and other professional workplaces.
