The Supreme Court Bar Association (SCBA) and others have moved the Supreme Court flagging assault and detention of lawyers during the recent protests in Delhi against Chief Election Commissioner (CEC) Gyanesh Kumar.

The Court agreed to hear the pleas tomorrow.

The petition filed on the issue by SCBA was mentioned before the Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana this morning.

A similar plea has also been filed by a lawyer.

The Bench today emphasised that the Supreme Court's functioning must not be halted due to the protests.

"You must also see that all democratic activities take place smoothly. There is no difficulty with that. But at least the functioning of the Supreme Court must not be affected. This is what we have said. We are not on any political party. The institution is performing institutional duties. I have appealed to protesters also. They may belong to any political party, and we are not concerned with that. But the Court should not be dragged into any kind of political activity. There should not be any incitement or obstruction in the functioning of the Court, the movement of lawyers, court staff or litigants. They should be allowed to work. We will hear the case tomorrow," said CJI Kant.

Senior Advocate Pradeep Rai represented the SCBA.

Notably, a mention was also made today about alleged police excesses during the ongoing protests, despite Court directives that the police must refrain from arbitrarily detaining peaceful protestors. In an order passed on Sunday (October 11), the top court had also warned the authorities not to disrupt internet services in Delhi or disrupt the work of journalists, lawyers and other professionals.

Senior Advocate Gopal Sankaranarayanan today alleged that these directions continue to be flouted by the Delhi Police. He urged the Court to issue a warning to the Delhi Police to exercise restraint in their activities.

"At a time when our senior advocates are being physically dragged through the streets, Mr Farasat (Senior Advocate) was dragged through the streets. It was most unseemly. It should never have happened. The Court has repeatedly said that we (protestors, citizens) must cooperate and exercise restraint. I would hope that the Court says the same to the police. That has not come from this Bench so far. I hope that happens because of the police excesses and the hooligans running around with sticks and lathis," he said.

The Court has agreed to hear this matter as well tomorrow.

CJI Kant observed that lawyers too have a right to peacefully protest in designated locations.

"Every lawyer, every member of the Bar, has the right to be part of peaceful activities, wherever the identified locations are," he said.

Senior Advocate Sankaranarayanan agreed. He went on to raise concerns that the Delhi Police was being selective in its actions, as "private hooligans" were being allowed to continue uninterrupted while peaceful protestors were facing the brunt of the police's response.

"What is happening is that private hooligans are not being detained or stopped. They are carrying lathis. They have repeatedly hit children on the head. They have put out videos afterwards, which I will show the Court tomorrow, where they (hooligans) are proudly saying that they have done this. The police do nothing. We (other citizens) are repeatedly told to restrain ourselves. I do not know what we have done that requires us to restrain ourselves. I am shocked. I have never seen a senior advocate being dragged through the streets. Two more were detained in buses, Mr Dwivedi and Ms Uttara Babbar (senior lawyers)," he said.

He urged the Court to send a strong message to the police against such a selective approach.

"It is extremely sad. At some point, the Bench must come to the rescue of the Bar and the citizens of this country and send a strong message to the police. They keep sitting there and doing nothing because the police think they can get away with anything," Senior Advocate Sankaranarayanan said.

The SCBA's petition recounts that lawyers who were walking in the vicinity of the Supreme Court on October 10 were reportedly manhandled and forcibly detained to be taken kilometers away, as part of the police's crackdown on anti-CEC protestors. The detained lawyers were subsequently released after a representation was addressed to the CJI.

"Even though they were released, the impunity of the action of the Police in dealing with the advocates and other citizens is a matter of grave concern... Unfortunately the very people who are supposed to protect are in violation of the rule of law," the SCBA has said in its plea.

The bar body has called on the Court to get a status report on the police's actions, including the detentions made by the police as well as the identity of the police officers involved. Information has also been sought on the scope of prohibitory orders issued udnder Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), with the reasons for such orders, its conditions and the basis for barricading and other restrictions that could affect access to courts in Delhi.

Other prayers made include those for the preservation of CCTV footage, detention records, body cam footage (if any), directions to ensure internet services are not disrupted, and that reasonable arrangements are made to ensure lawyers and citizens can access courts.

The plea has been drawn by advocate Reepak Kansal and filed through advocate Pragya Baghel.

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