The Chief Justice said lawyers may join peaceful protests at designated places as the Supreme Court prepared to hear complaints of police action. The remarks put focus on protest rights, police restraint and the court's institutional balance.
Newdelhi,Oct 12, 2026 12:56 IST
Chief Justice of India Surya Kant on Monday said every lawyer has the right to take part in peaceful protests at designated locations. The observation came as the Supreme Court was told that lawyers were detained and faced alleged police excesses during demonstrations against Chief Election Commissioner Gyanesh Kumar and the Election Commission.
A bench of the CJI and Justices Joymalya Bagchi and V Mohana agreed to list the matter for hearing on Tuesday after senior advocate Gopal Sankaranarayanan sought the court's intervention and asked that police be told to exercise restraint.
Raising the issue before the bench, Sankaranarayanan said there was no order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita in the public domain. "There is no Section 163 order available at all in the public domain. We have challenged the vires of one section as well," he submitted. He alleged that lawyers had been subjected to physical force and detention during the protests and said Senior Advocate Shadan Farasat had been dragged through the streets.
Describing the incident as "most unseemly", Sankaranarayanan said the Supreme Court had repeatedly asked lawyers to show restraint and expressed hope that a similar message would be given to the police. He also alleged that private individuals were attacking protesters while the police failed to intervene effectively. Referring to reports of children being struck with lathis, he said videos of the alleged incidents would be shown to the court on Tuesday.
The senior lawyer further claimed that senior advocates Dinesh Dwivedi and Uttara Babbar had been detained in buses during the protests. He urged the top court to intervene and send a strong message against police excesses, saying lawyers and citizens should not be left without protection.
Responding to the submissions, the CJI said he did not want to make further observations but stressed that lawyers had the right to join peaceful demonstrations at identified locations. "As of now, I don't want to say anything," he said, adding that the Supreme Court should not become a platform for developments that could undermine its institutional role. The bench has already listed the plea filed by the Supreme Court Bar Association and others for hearing on Tuesday, when the allegations over the police action during the protests are set to come up.
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