NEW DELHI: In a rare Sunday sitting, a special Supreme Court bench on October 11, 2026 barred illegal detention of protesters and directed that metro, rail and internet services in the capital must function normally amid protests by Citizens for Judicial Protection (CJP) against Chief Election Commissioner Gyanesh Kumar.
The bench of Justices Joymalya Bagchi and V. Mohana took up contempt and habeas corpus petitions arising from the October 10 protests, which had seen sweeping restrictions, including prohibitory orders and the closure of metro stations across the city. The directions were aimed at restoring normalcy while keeping lawful public-order restrictions in place.
“No person shall be detained except in accordance with the procedure established by law,” the bench ruled, with particular emphasis on peaceful, unarmed assemblies beyond the area where Section 163 BNSS prohibitory orders operate. The direction effectively bars pre-emptive or blanket detentions during the continuing agitation.
The Court also directed that metro and rail facilities must function normally, unless restrictions are genuinely required to protect public order under Article 19(2). It observed that the earlier October 9 order calling for the closure of 57 metro stations was overreaching, signalling that transport shutdowns must be proportionate and justified.
Internet facilities across the city must remain undisturbed, the bench ordered, while clarifying that authorities retain their powers under the IT Act. The direction addresses one of the central grievances raised by petitioners — that citywide communication blackouts were imposed without clear legal necessity.
Free movement of people and traffic has been permitted subject to traffic rules, and the bench directed that barricades across the city be reviewed forthwith. Notably, it also ordered that the Section 163 BNSS board outside the Supreme Court itself must be taken down to ensure unhindered access to justice.
The bench underscored that lawyers, journalists and other professionals must not be hindered in discharging their professional duties — a protection aimed at ensuring that coverage and legal access continue unimpeded during the protests.
Solicitor General Tushar Mehta, appearing for the authorities, told the Court that internet services had been restored, all metro stations had been functional since 10 PM on October 10, and that most detainees had been released. The bench directed that a compliance report and affidavit be filed by Tuesday, October 13, 2026.
The hearing capped a tense 48 hours in the capital, where protests linked to the CJP campaign against CEC Gyanesh Kumar prompted one of the largest preventive restrictions in recent months. The Court’s directions now set the framework: lawful order may be protected, but civil liberties — movement, assembly and communication — cannot be suspended wholesale.
