Democratic and political protests must take place, but SC must not be dragged into it: CJI

Chief Justice of India Surya Kant said on Monday (October 12, 2026) that peaceful democratic and political protests need to take place, but the “Supreme Court should not be dragged into it” or become a site for agitations.

“Democratic activities must take place peacefully, but the Supreme Court’s functioning should go on smoothly… We are not concerned about any political party… The court should not be dragged into anything. Protests should happen peacefully. There should not be any impediment or obstruction to the movement of lawyers, court staff, litigants… I am requesting,” Chief Justice Kant, heading a three-judge Bench comprising Justices Joymalya Bagchi and V. Mohana, said in open court.

The CJI’s remarks come even as the Opposition leaders are expected to march to the Supreme Court as part of the anti-Chief Election Commissioner (CEC) protests on Monday (October 12, 2026). The court premises are seeing heavy security presence.

Anti-CEC protests: Follow LIVE updates on October 12, 2026

Chief Justice Kant had on Sunday (October 11, 2026) written to the Leader of Opposition Rahul Gandhi declining the latter’s request for a meeting on October 12, 2026.

The CJI’s observations came a day after Justices Bagchi and Mohana held a special Sunday hearing following mass detentions and a “curfew-like” clampdown on civil rights on October 10. Senior lawyers compared the October 10, 2026 police crackdown in Delhi to the 1975 Emergency. The court had ordered the Union government and the Delhi Police to allow free and smooth movement of traffic, people, Metro and rail services, but “subject to public law and order”.

On Monday (October 12, 2026), the CJI was reacting to an oral mentioning made by the Supreme Court Bar Association (SCBA), represented by its president and senior advocate Pradeep Rai, against the illegal detentions of lawyers and suspension of Internet.

“We are doing our professional duties. They [authorities] should not interfere. I have made a statement that political parties should not bring the court into all this. They should be responsible political parties,” Mr. Rai submitted.

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Another petition represented by senior advocate A.N.S. Nadkarni, appearing for a lawyer, also sought the same protection.

Senior advocate Gopal Sankaranarayanan, in a separate oral mentioning, said he was still waiting for the Bench to admonish the police to maintain restraint, “at least once”.

“At a time when senior advocates are being dragged through the streets, Mr. Shadan Farasat (a senior advocate) was dragged on the streets. It was most unseemly and should not have happened. At a time like that, I know Your Lordships have repeatedly said that we must try and cooperate and exercise restraint, etc, At least once I would hope Your Lordships to say the same thing to the police… That has not come from this Bench so far. I am hoping that happens,” Mr. Sankaranarayanan submitted forcefully to the Bench.

The CJI reiterated that the Bench would not allow the Supreme Court to become a site for protests.

“I don’t want to say anything now, but I am only requesting. Every member of the Bar has the right to be part of the protest wherever the identified locations are there,” Chief Justice Kant said.

The senior counsel is also seeking a hearing on Tuesday (October 13, 2026). He said none of the Section 163 BNSS prohibitory orders were publicly available.

“Meanwhile, private hooligans are allowed by the police to beat up children, hit them on their heads. They later put out videos in which they proudly say that they have done that. The police does nothing. Instead, we are repeatedly told to restrain ourselves. I don’t know what we have done. I am shocked. A senior advocate is dragged through the streets. Two other senior advocates are detained in buses. This is extremely sad,” Mr. Sankaranarayanan said.

He said the Bench should “at some point” come to the rescue of the Bar and the citizens of the country.

The court agreed to hear all three petitions on October 13, 2026.