The Supreme Court has directed authorities to remove barricades in Delhi unless they are “absolutely warranted”, calling for the normalisation of public movement amid restrictions imposed in connection with the Cockroach Janta Party (CJP) protest.

The observations were made on Sunday, October 11, during a special sitting concerning petitions over restrictions linked to the planned protest. The court said that free movement should be normalised, subject to necessary regulation in situations involving public order.

Supreme Court On Section 163 Restrictions

The court also directed authorities to withdraw restrictions imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in and around the Supreme Court.

The bench of Justices Joymalya Bagchi and V Mohana said the restrictions should be lifted to ensure that access to the Supreme Court and other courts was not impeded.

The bench’s observations came amid concerns over the restrictions imposed in Delhi ahead of the CJP protest, including the closure of Metro stations and disruption to transport services.

Supreme Court Issues Notice Over Detentions

The hearing followed a contempt petition filed by lawyer Shailendra Mani Tripathi. The petition referred to the Supreme Court’s October 9 order concerning restrictions on Metro and train services ahead of the planned demonstration.

The court had previously directed the Centre to ensure there was no complete prohibition on the movement of Metro services and trains arriving in Delhi because of the protest.

The petitioner argued that Metro stations had remained closed despite the earlier order.

During Sunday’s hearing, the Supreme Court issued notices to authorities, including the Delhi Police, the Union Home Secretary and the Delhi Metro Rail Corporation (DMRC), seeking responses concerning the detentions and the circumstances surrounding them.

The court ordered the authorities to submit a compliance report by Tuesday.

Supreme Court Says Right To Protest Must Follow The Law

The bench also reiterated that people have a right to protest, but demonstrations must remain within the framework of applicable law.

“You have a right to protest, absolutely no quarrel on that but the process in which you protest has to be within the Police Act,” the Supreme Court said.

Justice Bagchi told the petitioner that the right to protest could not be treated as being beyond the law.

The court also heard concerns raised by lawyers and said they should not be prevented from carrying out their professional duties. At the same time, it reminded lawyers to protest peacefully and not instigate others.

Why Were Restrictions Imposed In Delhi?

The restrictions were imposed ahead of a planned CJP demonstration in the national capital. The party and opposition groups have been seeking the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) process.

The allegations concern the revision of electoral rolls. The court’s observations on barricades and movement restrictions came amid the wider dispute over the handling of the planned protest.

The Supreme Court’s position underscored the need to balance public order with the movement of citizens and access to courts. It also maintained that the right to protest must be exercised in accordance with the law.

The Bharatiya Janata Party (BJP) on Saturday defended police action ahead of a protest called by the Cockroach Janata Party (CJP) in Delhi and launched an attack on Congress and Rahul Gandhi over demonstrations concerning alleged electoral fraud.

Addressing the issue, BJP spokesperson and MP Ravi Shankar Prasad defended the Special Intensive Revision (SIR) of electoral rolls and Chief Election Commissioner Gyanesh Kumar, whose resignation has been demanded by Opposition parties.

“India is not a banana republic,” Prasad said, asserting that the country had not bowed under Prime Minister Narendra Modi’s leadership and would not do so in the future.

He also described the developments surrounding the protests as an attempt to create anarchy, arguing that democratic institutions and Parliament, rather than street demonstrations, should determine the country’s course.

BJP accuses Congress of politicising street protests

Prasad said the BJP was not opposed to protests but accused Congress of using street demonstrations as a political weapon following electoral defeats.

He argued that the BJP-led National Democratic Alliance’s victories in bypolls in Assam, West Bengal and Puducherry on Friday demonstrated public support for the ruling alliance. He also claimed that the protests had failed to secure popular backing.

The BJP spokesperson’s remarks were directed primarily at Congress and Rahul Gandhi, although he did not specifically name CJP while criticising the protests.

Over 1,000 people detained amid Delhi protest crackdown

More than 1,000 people, including CJP founder Abhijeet Dipke and other leaders, were detained in Delhi on Saturday morning as police action prevented protesters from reaching the planned demonstration site at Jantar Mantar.

Four former chief ministers — Arvind Kejriwal, Mamata Banerjee, Pinarayi Vijayan and Manik Sarkar — were also detained during the day. All India Students’ Association president Neha Bora was among those detained.

A heavy deployment of police and paramilitary personnel across the capital prevented protesters from reaching Jantar Mantar, with authorities citing the absence of permission for the demonstration.

The CJP protest was called over allegations of electoral fraud and concerns surrounding the conduct of the Election Commission. The allegations remain contested.

BJP responds to Rahul Gandhi’s remarks on the President

Prasad also criticised Rahul Gandhi over his statement following a meeting with President Droupadi Murmu on Friday.

Gandhi had said the President did not deny the Opposition’s allegations of “vote chori”, or vote theft. Prasad described Gandhi’s interpretation as an insult to the office of the President.

The INDIA bloc had submitted a memorandum outlining its demands concerning the Election Commission and the electoral process.

These included the resignation of Chief Election Commissioner Gyanesh Kumar, repeal of the 2023 law providing legal immunity to the Chief Election Commissioner and Election Commissioners, suspension of the SIR exercise, restoration of 13.3 crore voters whom the Opposition said had been deleted from electoral rolls, and a return to paper ballots.

The memorandum also sought the repeal of Assembly election results from the previous two years in constituencies where the Opposition claimed conclusive evidence of vote theft had been presented.

The BJP’s response comes amid a wider political confrontation between the ruling party and Opposition groups over electoral rolls, the Election Commission and allegations of irregularities in the electoral process.

Former West Bengal Chief Minister Mamata Banerjee and five Trinamool Congress (TMC) MPs were detained in Delhi on Saturday while attempting to join a protest organised by the Cockroach Janta Party (CJP) against Chief Election Commissioner Gyanesh Kumar. 

Banerjee was detained from South Avenue in central Delhi, where she had staged a protest at a bus stop after police stopped her from proceeding. The five TMC MPs detained alongside her included Derek O’Brien and Dola Sen. They were taken away in a police bus. 

Banerjee was seen with a band-aid over her mouth during the protest. In a video statement recorded inside the police bus, she accused the government of misbehaving with the protesters and said the INDIA alliance would continue fighting to strengthen people’s voices. 

The opposition leaders raised allegations of “vote chori” and electoral irregularities, demanding the removal of Chief Election Commissioner Gyanesh Kumar. These were allegations made by opposition leaders, not independently established findings.

Police stopped Banerjee as she attempted to proceed to the protest. Several other opposition and student leaders were also detained while trying to join the demonstration. Former Kerala Chief Minister Pinarayi Vijayan and CPM MP John Brittas were among those taken to Chhatrasal Stadium.

The INDIA bloc has also announced a protest against the alleged Election Commission irregularities on Monday. The allegations of vote theft remain claims raised by opposition leaders.