Guwahati: Chief Justice of India (CJI) Surya Kant on Monday said every lawyer has the right to participate in peaceful protests at designated locations while hearing a request concerning the alleged detention of lawyers and police excesses during demonstrations against Chief Election Commissioner Gyanesh Kumar and the Election Commission of India (ECI).
Senior Advocate Gopal Sankaranarayanan raised the issue before a bench led by the CJI, alleging that lawyers had faced police action during the protests. He also pointed out that no order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was available in the public domain.
Sankaranarayanan urged the court to ask the police to exercise restraint, alleging that lawyers had been subjected to physical force during the demonstrations.
Referring to the alleged treatment of senior advocates, he told the bench that Senior Advocate Farasat had been dragged through the streets, describing the incident as inappropriate. He also expressed concern over what he termed police excesses and alleged attacks on young protesters by private individuals.
The senior counsel asked the court to take up the matter on Tuesday alongside a connected case concerning the protests against the Chief Election Commissioner.
Responding to the submission, CJI Surya Kant said he did not wish to make further observations at that stage. However, he emphasised that members of the legal fraternity had the right to participate in peaceful demonstrations at designated locations.
“Every lawyer, every member of the bar has the right to be a part of the peaceful protests, wherever the identified locations are there,” the CJI said.
Sankaranarayanan further alleged that private individuals were attacking protesters while the police were failing to intervene. He claimed that children had been struck on the head with lathis and said video footage of the alleged incidents would be presented before the court during the next hearing.
He also raised concerns over the alleged detention of Senior Advocates Dinesh Dwivedi and Uttara Babbar in buses, describing the reported treatment of members of the Bar as distressing.
Calling for judicial intervention, Sankaranarayanan said the court should protect lawyers and citizens and send a strong message against alleged police excesses.
The CJI agreed to have the matter listed for hearing on Tuesday.
The development follows a special sitting of the Supreme Court on Sunday, during which the court directed that unarmed citizens should not be illegally detained and that lawyers, journalists and other professionals should not be prevented from performing their professional duties.
The protests were held over concerns surrounding the functioning of the Election Commission and Chief Election Commissioner Gyanesh Kumar.