Supreme Court of India Orders Release of Peaceful Protesters

The Supreme Court of India held a rare Sunday hearing on October 11 to address contempt and habeas corpus petitions following police actions during protests in Delhi. The demonstrations sought the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision of electoral rolls.

A Bench comprising Justice Joymalya Bagchi and Justice V Mohana ruled that peaceful protesters must not be illegally detained and that any detention must follow legal procedures. The court issued notices to the Union Home Secretary, Delhi Police Commissioner, and the Delhi Metro Rail Corporation in contempt proceedings over alleged non-compliance with previous orders regarding transport restrictions.

The court further ordered the restoration of free movement, including the operation of railway services and the Delhi Metro, and directed authorities to review the use of barricades and ensure internet facilities remain undisturbed. In response to complaints from lawyers, the Bench ordered the removal of prohibitory notices under Section 163 of the Bharatiya Nagarik Suraksha Sanhita near the court to ensure unhindered access to justice.

Solicitor General Tushar Mehta assured the court that internet services and metro stations had been restored by Saturday night. However, petitioners alleged that journalists, lawyers, and political leaders were assaulted or detained during the unrest. The court has requested a response from the central government and scheduled further hearings for October 13.