At least 15 petitions have been filed before the Supreme Court in connection with the October 10 protests and detention of those who were out on streets demanding the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar over his handling of special intensive revision (SIR) of electoral rolls and the functioning of Election Commission of India (ECI).
The protests called by various youth bodies and political parties in Delhi had led to large scale detentions and assault of protestors as well as journalists and lawyers on October 10 and October 11.
The petitions before the Supreme Court include writ petitions, contempt proceedings, habeas corpus pleas and intervention applications challenging restrictions on public transport, alleged unlawful detentions and police action against lawyers, journalists and protesters.
The petitions are listed before a Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana.
They follow the Supreme Court's October 9 directions concerning public transport restrictions and its special sitting on October 11, when the Court issued contempt notices and directed that peaceful public movement and the professional activities of lawyers and journalists should not be unlawfully obstructed.
The Court is now examining connected proceedings concerning compliance with its earlier directions, while several other petitions seek separate relief against alleged police excesses and restrictions imposed during the protests.
Some of the petitions are listed for hearing on Tuesday.
The petitions and proceedings identified so far are as follows:
1. MA Baby v. Union of India
The petition challenges restrictions on Delhi Metro and railway services and public movement during the protests. On October 9, the Supreme Court had directed that public transport services could be regulated but should not be completely prohibited.
2. Shailendra Mani Tripathi v. Govind Mohan
A contempt petition filed by advocate Shailendra Mani Tripathi alleging violation of the October 9 directions through closure of Delhi Metro stations and restrictions on railway services. The Supreme Court has already issued notice in this matter to Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and DMRC Chairperson D Thara after finding a prima facie case of contempt.
3. Menaka Guruswamy v. Union of India
A habeas corpus petition filed by Trinamool Congress MP and Senior Advocate Menaka Guruswamy challenging the detention of political leaders, including former Chief Ministers Arvind Kejriwal, Mamata Banerjee, Pinarayi Vijayan and Manik Sarkar, during the protests. It seeks judicial intervention against their detention.
The detainees were later released, though the Court will hear the larger issue pertaining to legality of such actions.
4. Aman Prasad v. Anurag Kumar
Advocate Aman Prasad has moved the Supreme Court seeking contempt of court action against Delhi Police Commissioner Anurag Kumar over alleged excessive use of force against protesters, including women and lawyers, during the Delhi protests. The petition alleges violation of the Supreme Court's earlier directions concerning police action and public movement.
5. Journalist Amaan Rastogi's contempt petition
Journalist Amaan Rastogi, associated with Molitics, has moved the Supreme Court seeking contempt of court action against the Union Home Secretary and Delhi Police Commissioner over alleged police assault while he was covering the protests in Delhi. The petition concerns alleged violation of the Supreme Court's directions protecting journalists discharging their professional duties.
6. Supreme Court Bar Association v. Union of India
The Supreme Court Bar Association has sought a status report on the alleged detention and manhandling of advocates near the Supreme Court on October 10 during the protests. It has also sought disclosure of prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, preservation of CCTV footage and safeguards to ensure unhindered access to courts.
7. Supreme Court Advocates-on-Record Association v. Union of India
SCAORA, the other prominent bar body of Supreme Court lawyers, has sought an independent, impartial and time-bound inquiry into the alleged detention and manhandling of lawyers during the October 10 protest march. The petition also seeks identification of police personnel involved, preservation of evidence and protection against intimidation or retaliation.
8. Petition concerning prohibitory orders under BNSS
A separate petition, mentioned before the Supreme Court by Senior Advocate Gopal Sankaranarayanan, challenges restrictions imposed under Section 163 BNSS and raises questions concerning the exercise of police powers under Section 172 (duty of individuals to obey lawful police orders and the powers of police to handle non-compliance). The Court was also informed about alleged police excesses against lawyers and protesters.
9. Free Speech Collective v. Union of India
The journalists' organisation has sought contempt of court action over alleged detention and forcible removal of journalists despite the Supreme Court's October 11 direction that journalists, lawyers and other professionals should not be obstructed from discharging their duties.
10. Free Speech Collective v. Union of India, writ petition
In a separate writ petition, the same organisation has sought an independent inquiry into alleged police violence against journalists, preservation of evidence, compensation and binding guidelines governing police interaction with media personnel covering protests.
11. Petition by Network of Women in Media, India
The organisation has approached the Supreme Court seeking safeguards against the alleged arbitrary detention, intimidation and forcible removal of journalists, particularly women journalists, while reporting on protests and police operations.
12. AA Rahim v. Union of India
The CPI(M) Rajya Sabha MP has sought an independent inquiry into the alleged illegal detention and custodial assault of Democratic Youth Federation of India members during the October 11 protests. The petition also seeks preservation of police records, medical examination of injured protesters and safeguards governing protest-related detentions.
13. Lawyers' Association for Constitution (LAFC)
The LAFC has moved the Supreme Court under Article 32 of the Constitution alleging unlawful detention and manhandling of four of its member advocates by Delhi Police during the protests on October 10 and 11. The petition, filed through advocate Pyoli, raises allegations of police excesses against lawyers, women, juveniles, journalists and other civilians.
14. Narendra Kumar Goswami's petition
Advocate Narendra Kumar Goswami's petition has challenged the suspension of mobile internet services within a four-kilometre radius of the Janpath–Kartavya Path crossing on October 9 and 10. The petition seeks judicial scrutiny of the suspension orders.
15. Apoorvanand Jha's petition alleging assault and torture of students
Professor Apoorvanand Jha has moved the Supreme Court alleging assault and torture of students during the Delhi protests. Senior Advocate Nitya Ramakrishnan informed the Court on Tuesday that details of the alleged abuse, along with medical reports of the affected students, have been furnished to the government.
She sought a response to the allegations. The Court indicated that the government could file additional affidavits addressing specific allegations after submitting its responses in the principal matters.
16. Advocates' plea over INDIA bloc leaders entering Supreme Court premises
A petition filed by four lawyers and mentioned by Senior Advocate Gaurav Bhatia concerns the entry of Rahul Gandhi and other INDIA bloc leaders into the Supreme Court premises on October 12. The plea seeks restrictions on political demonstrations within court premises and contempt action against the Kerala unit of Congress party for their remarks directed against Chief Justice of India Surya Kant.
17. Swaty Singh Malik: Woman lawyer alleges assault and forcible detention
Advocate Swaty Singh Malik has sought intervention in the pending contempt proceedings concerning the detention of lawyers during the October 10 protests. She has alleged that four female police personnel forcibly detained and manhandled her, causing bruises.
Malik has also claimed that she was forced into a poorly ventilated police bus and that police personnel tore a poster bearing the Preamble to the Constitution which she was carrying. The application alleges violations of Articles 14, 19, 21 and 22 of the Constitution.
18. KUWJ plea over assault of journalists
The Delhi unit of the Kerala Union of Working Journalists has moved the Court over the assault and detention of journalists who were covering the Delhi protests on October 10 and 11.
The petition filed by Rahul Gandhi and INDIA bloc leaders, though filed during the ongoing protests and detentions, is substantially different since it attacks the SIR process and voter deletion.
Gandhi and other opposition party leaders have challenged alleged large-scale voter deletions and irregularities in the SIR exercise. The petition seeks production of Election Commission records, an independent audit of voter deletions and interim suspension of the exercise. The petition is not listed for hearing today.