Stop illegal detentions, says SC amid crackdown in Delhi, Pg1

Key Highlights:

• The Supreme Court convened an "extraordinary" Sunday hearing to address mass detentions and restrictions on civil rights in Delhi.
• A Special Bench of Justices Joymalya Bagchi and V. Mohana directed the Union government and Delhi Police to cease illegal detentions and ensure free movement of people and traffic.
• The Court ordered a review of barricades, undisturbed internet connectivity, and the lifting of prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita around courts.
• The crackdown occurred amidst protests demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged electoral irregularities.
• Senior lawyers drew parallels between the situation and the 1975 Emergency, citing widespread detentions and restrictions on fundamental rights.

Detailed Insights:

• The protests were organized to voice dissent against alleged irregularities in the electoral system and to seek accountability from the Chief Election Commissioner.
• Police actions included detaining thousands, including opposition leaders, and imposing "curfew-like" restrictions on public life.
• The Supreme Court emphasized a balancing act, upholding constitutional protections while acknowledging the State's power to impose reasonable restrictions for public order.
• A contempt petition was filed against key officials, including the Union Home Secretary and Delhi Police Commissioner, for allegedly violating a prior court order on public transport.
• The Court clarified that detentions outside the four-km prohibitory zone in central Delhi, which includes Jantar Mantar, must be strictly as per law, allowing peaceful assembly elsewhere.
• The Solicitor-General stated that Metro services were not reduced, only entry/exit at 45 of 303 stations were restricted, and internet services were restored.
• The comparison to the 1975 Emergency highlighted concerns over the suspension of fundamental rights, particularly those under Article 19, and the emergence of a "police state" environment.

Key Concepts Involved:

• Bharatiya Nagarik Suraksha Sanhita (BNSS): The new procedural law for criminal justice in India, which replaced the Code of Criminal Procedure, 1973.
• Article 19 of the Indian Constitution: Guarantees fundamental freedoms such as speech, expression, peaceful assembly, and movement, subject to reasonable restrictions.
• Prohibitory Orders (under BNSS Section 163): Legal directives issued by executive magistrates to prevent public gatherings or activities that could disturb public peace or order.
• Public Order: The maintenance of peace and tranquility in society, which serves as a constitutional ground for imposing reasonable restrictions on fundamental rights.