CJP Protest: Supreme Court Says Right to Protest Cannot Override Legal Restrictions

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New Delhi: The Supreme Court on Sunday made important comments on the restrictions imposed on the demonstration of the Cockroach Janata Party (CJP) in Delhi. The court said that citizens have the right to demonstrate, but the method of protest should be within the ambit of law and Police Act. The court also directed that people gathered peacefully should not be detained illegally and internet services should not be disrupted.

What instructions did the Supreme Court give?

A bench of Justice Joymalya Bagchi and Justice V. Mohana said during the special hearing that prima facie a case of contempt is made out. A petition was heard in the court in which action was demanded against the alleged violation of earlier orders. The court asked the centre to run metro services as per normal timetable and maintain internet connectivity.

To which officers was the notice issued?

The Supreme Court issued notices to Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and DMRC Chairperson. The officers were directed to file counter affidavit by October 13, 2026 and provide information regarding compliance with the earlier order. At present, the court has exempted him from personal appearance.

What was said about the detention of protesters?

During the hearing, senior advocate Kapil Sibal alleged that the police were even detaining people present four kilometres away from Jantar Mantar. Senior advocate Maneka Guruswamy claimed that a large number of people and opposition leaders have been detained. Meanwhile, advocate Shadan Farasat raised the issue of alleged misbehaviour with lawyers during the demonstration.

The court clarified that the restrictions imposed under Section 163 of the Indian Civil Security Code (BNSS) cannot be used as a justification to detain people outside the designated area.

What stand did the government present in the court?

Solicitor General Tushar Mehta said that on October 10, entry and exit were restricted at 45 out of 303 metro stations. Internet services have been restored and all metro stations are operational, he said. The government also said that most of the detained people have been released.

What order had the Supreme Court given earlier?

Earlier on October 9, the Supreme Court had directed that due to the protest, the operation of metro and trains coming to Delhi should not be completely disrupted. The court had said that restrictions can be imposed to maintain law and order, but common citizens should not face unnecessary problems.

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