NEW DELHI, OCT 15 (AGENCIES): Supreme Court on Thursday issued notice on a batch of over 40 petitions arising from the October 10-11 protests seeking Chief Election Commissioner Gyanesh Kumar’s resignation and agreed to examine the Delhi Police’s decision to denotify Jantar Mantar as a protest site.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi also directed police to preserve CCTV footage of the protests amid allegations of excessive force.
The court issued notice on pleas by INDIA bloc leaders challenging the Election Commission’s conduct of the Special Intensive Revision (SIR) of electoral rolls, which they termed “unilateral and arbitrary”. The lead petition, Rahul Gandhi versus Election Commission of India, names Kumar as a personal respondent. Notice was also issued on changes to Form 6, used for new voter enrolment.
The bench clarified that issuing notice did not condone the conduct of every petitioner and directed one of the 13 INDIA bloc petitioners to file an affidavit explaining their conduct.
The court agreed to hear challenges to Jantar Mantar’s denotification. Delhi Police had announced on October 12 that the site was no longer designated for protests, naming Burari Ground, Ramlila Ground and CBD Ground as alternatives.
Senior advocate Mukta Gupta argued that protest sites should enable demonstrators to be heard by authorities. Justice Bagchi said the concept of being “heard” must also be understood in the context of technology. He added that the court would examine whether oral observations could be treated as law.
The bench also considered challenges to Sections 163 and 172 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), concerning prohibitory orders and compliance with lawful police directions. Senior advocate Gopal Sankaranarayanan argued that both provisions warranted scrutiny in light of constitutional developments. He and senior advocate Menaka Guruswamy sought directions for Delhi Police to produce the relevant prohibitory orders.
Journalists’ complaints: Senior advocate Indira Jaising sought an independent committee to investigate complaints of police harassment of women journalists during the protests. She also sought protection from coercive action for a journalist who accused an assistant commissioner of police of sexual harassment.
The court agreed to hear pleas by street vendors and hawkers seeking compensation for alleged livelihood losses during the protests.
