The Supreme Court of India on Monday agreed to hear on Tuesday a series of petitions, including one moved by the Supreme Court Bar Association (SCBA), that highlight the practical difficulties being faced by lawyers amid ongoing protests in the national capital. A three-judge bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana took note of the submissions and directed that the matters be listed for the following day. The decision comes against the backdrop of heightened security arrangements and intermittent disruptions that have affected the movement of advocates, court staff and litigants in and around the Supreme Court complex.
Chief Justice Kant emphasised the importance of allowing democratic activities to proceed while ensuring that the functioning of the country’s highest court remains unhindered. “Democratic activities must take place smoothly, but there should be no obstruction to the functioning of the Supreme Court or the movement of lawyers, court staff and litigants,” he stated. The Chief Justice made it clear that the Court is not concerned with the political affiliations of any protest group and that its sole interest lies in protecting the institutional space required for the administration of justice. He reiterated an earlier appeal that protesters, regardless of their political leanings, should refrain from any form of incitement or physical obstruction that impedes the daily work of the judiciary.
Senior advocate and SCBA president Pradeep Rai placed before the bench a range of concerns arising from the recent protests. These included reported restrictions on internet services in areas surrounding the Supreme Court, difficulties in accessing the court premises, and the broader impact of security cordons on the professional activities of members of the Bar. The SCBA petition specifically recounts incidents of October 10, when several advocates—including senior lawyers and women practitioners—were allegedly manhandled and forcibly detained while walking in the vicinity of the court complex. The association has described these actions as a matter of grave concern, arguing that the impunity with which police dealt with advocates and other citizens raises serious questions about adherence to the rule of law.
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The detentions on October 10 had prompted an urgent intervention by the Chief Justice himself. After receiving representations from the SCBA, the Supreme Court Advocates-on-Record Association and the Solicitor General, Chief Justice Kant spoke to the relevant authorities, following which the detained lawyers were released. The fresh petition now seeks a more comprehensive judicial examination of the residual difficulties that continue to affect advocates. It points to the need for clear directions that would prevent arbitrary detentions, ensure free movement of lawyers performing their professional duties, and safeguard the dignity and independence of the legal profession.
The protests in question have been organised primarily to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision of electoral rolls. Authorities have responded with tight security measures, temporary restrictions on public transport and intermittent internet suspensions. While the Supreme Court had earlier directed that security considerations should not result in a complete shutdown that inconveniences ordinary citizens, the SCBA maintains that the cumulative effect of these measures continues to create practical obstacles for lawyers seeking to appear in court or discharge other professional responsibilities.
The Tuesday hearing is expected to provide the bench with an opportunity to examine the factual situation on the ground and to issue appropriate directions. The Court has consistently maintained that peaceful democratic expression is a recognised right, yet that right cannot be exercised in a manner that compromises the institutional functioning of the judiciary. By listing the SCBA petition and related matters for the next day, the Supreme Court has signalled its intention to address the concerns of the Bar while reaffirming the principle that the administration of justice must remain free from external disruption. The outcome of the hearing will be closely watched by the legal fraternity and by those responsible for maintaining law and order in the capital.
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