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Plea in Supreme Court challenges BNSS Section 172 over police powers

A writ petition before the Supreme Court has challenged the constitutional validity of Section 172 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, arguing that it gives police sweeping powers to detain or remove people for disobeying their directions without adequate safeguards against arbitrary action.

Filed by B.Tech student Samriddhi Das, the petition seeks a declaration that the provision violates Articles 14, 19 and 21 of the Constitution, which protect equality, fundamental freedoms and life and personal liberty.

The challenge follows police action during an October 10 protest at Delhi’s Jantar Mantar against Chief Election Commissioner Gyanesh Kumar over the Special Intensive Revision (SIR) of electoral rolls. Das says she was travelling to the demonstration but could not reach the site because of restrictions imposed by authorities.

The plea alleges that thousands of students, activists, lawyers, journalists and political leaders were detained or stopped from reaching the venue. It also questions restrictions under Section 163 BNSS, metro station closures, train cancellations and mobile internet suspensions in parts of Delhi.

Section 172 allows police to issue directions and detain or remove those who resist, refuse, ignore or disregard them. The petition argues that the provision does not clearly define “lawful directions”, “remove” or “petty cases”, nor does it adequately require recorded reasons or judicial scrutiny.

“The Petitioner(s) submit that, taken together, these measures amount to a prior restraint on a peaceful, announced demonstration against a public authority; that they fail the test of proportionality; and that Section 172 BNSS, to the extent it enables en masse detention on the subjective satisfaction of the police, is manifestly arbitrary and violates Articles 14, 19(1)(a), 19(1)(b), 19(1)(d) and 21”, the plea states as quoted by Live Law.

The petition seeks to declare the October 10 detentions illegal, compensation for those unlawfully detained, disclosure of detention records and binding guidelines for peaceful assemblies. It also seeks preservation of CCTV footage and other recordings linked to the protest.

As interim relief, Das has asked the court to restrain the Delhi Police Commissioner from invoking Section 172 while the case is pending.

Sanjay Singh moves privileges panel over alleged police brutality

Aam Aadmi Party (AAP) Rajya Sabha MP Sanjay Singh has approached Parliament’s Privileges Committee against the Delhi Police commissioner and other officials, alleging repeated manhandling and use of force against him during protests in the national capital.

In letters to the committee, Singh alleged that police personnel manhandled, threatened and forcibly detained him during demonstrations on October 2, 10 and 12 over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

The AAP leader also questioned the treatment meted out to elected representatives during the protests, alleging that police personnel had acted with “extreme brutality”.

Addressing Prime Minister Narendra Modi, Singh said, “We are not some thugs, mafia or terrorists. We are members of Parliament.”

Singh’s complaint seeks to bring the alleged conduct of the police commissioner and other personnel before the parliamentary panel.

Pinarayi Vijayan slams Centre over CJP leaders’ arrest

Former Kerala Chief Minister Pinarayi Vijayan on Wednesday criticised the BJP-led Centre over the arrest of Cockroach Janata Party (CJP) leaders, calling for the reopening of Jantar Mantar as a protest venue and demanding Chief Election Commissioner Gyanesh Kumar’s resignation and prosecution.

In a post on X, Vijayan questioned restrictions on peaceful demonstrations, arguing that the right to protest should not be limited to designated locations.

“In a democracy, the right to protest should never be confined to a designated site. Under Modi’s government, even that limited space is being taken away,” he wrote.

Vijayan also pointed to the arrests of Saurav Das, Ashutosh Ranka and Ajinkya Shinde, who were detained after waving the national flag during a protest at Jantar Mantar.

“The irony is staggering: a government that wraps itself in the Tricolour is detaining young leaders like Saurav Das, Ashutosh Ranka and Ajinkya Shinde for waving it in protest,” he said, adding that the national flag belonged to the people, not those in power.

Calling for a united response, Vijayan said, “We must unite to reclaim Jantar Mantar and defend our right to dissent. CEC Gyanesh Kumar must resign and face prosecution.”

Youth Congress workers protest, \demand CEC Gyanesh Kumar’s resignation

Indian Youth Congress (IYC) workers staged a protest outside the Parliament Street police station on Wednesday, demanding the resignation of Chief Election Commissioner Gyanesh Kumar and protesting alleged police action against demonstrators.

Earlier in the day, police detained some IYC workers during a protest, according to HT correspondent Ridhima Gupta, the Hindustan Times reported.

DMRC says 258 Metro Stations operational amid protest curbs

The Delhi Metro Rail Corporation (DMRC) said it restricted entry and exit at 57 of its 303 stations following a police communication dated October 8, while train services continued without disruption. On October 10, 271 trains completed 4,157 trips, with no reduction in operations.

The restrictions were later scaled back from 57 stations to 45 following the Supreme Court’s October 9 order, leaving 258 stations operational, the DMRC told the court. Several major interchange stations also continued to allow passengers to transfer between metro lines, reported the Hindustan Times.

The corporation said it followed police directions at the affected stations while taking steps to manage passenger movement. Exit gates at Vishwavidyalaya remained open, while movement at GTB Nagar was regulated.

The DMRC added that commuters were informed about the restrictions through station announcements, social media posts, signage, its website and the Sarthi app.

DMRC says entry, exit restricted at 45 Metro Stations amid protests

The Delhi Metro Rail Corporation (DMRC) has told the Supreme Court that entry and exit were restricted at 45 of its 303 stations during protests in the national capital.

The submission came in response to a plea alleging contempt of the Supreme Court’s orders. The DMRC clarified that while access was restricted at the stations, metro train services across Delhi continued without any curtailments or cancellations, reported the Hindustan Times. 

Owaisi seeks review of Supreme Court’s Bihar SIR verdict

AIMIM chief and Lok Sabha MP Asaduddin Owaisi has moved the Supreme Court seeking a review of its judgment upholding the Election Commission of India’s Special Intensive Revision (SIR) of electoral rolls in Bihar.

Although Owaisi was not a party to the original proceedings, he has filed the plea as an elector, an elected representative and AIMIM leader. The party’s Bihar president has separately filed a writ petition concerning the revision exercise.

The review plea cites recent media reports questioning the Election Commission’s decision-making process, including an Indian Express report alleging that around 14 decisions were taken without the concurrence of Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi over roughly 10 months.

It also refers to a Reporters’ Collective investigation published on October 9, which reported that Election Commission software auto-generated 85,854 voter deletion forms during the Uttar Pradesh SIR without recording a reason.

The plea argues that the new material warrants scrutiny and seeks production of relevant official records that remain unavailable publicly.

Referring to the Bihar SIR judgment, Owaisi argues that judicial intervention is justified where "the decision-making process is vitiated by arbitrariness" or a measure is disproportionate.

"It is precisely the legality of the Commission's decision-making process that has now come into question," the plea states as quoted by Live Law.

It warns that "The impugned judgment, unless reviewed, would accord judicial imprimatur to a decision-making process whose material aspects were not before the Hon'ble Court at the time of adjudication."

Nearly 200 SCBA members seek resolution against Rahul Gandhi’s march

Nearly 200 members of the Supreme Court Bar Association (SCBA) have sought a resolution condemning Congress leader Rahul Gandhi’s march to the Supreme Court on October 12, according to a report by Bar and Bench.

The members wrote to the SCBA secretary and executive committee, objecting to Rahul’s march with thousands of party workers to file a petition against the Election Commission of India.

The representation argued that the “display of political and numerical strength” amounted to indirect pressure on judges and ran counter to the rule of law.

The members said the Supreme Court was “not a platform for demonstrating political influence, financial power or numerical strength”. They also warned that allowing such practices could encourage similar demonstrations at high courts and district courts.

Delhi Police detain NSUI, Youth Congress workers in protest

Delhi Police detained National Students’ Union of India (NSUI) and Indian Youth Congress workers on Wednesday as they protested against Chief Election Commissioner Gyanesh Kumar outside Parliament Street Police Station.

CJP targets RSS after leaders’ arrest over Tricolour at Jantar Mantar

The Cockroach Janata Party (CJP) targeted the Rashtriya Swayamsevak Sangh (RSS) on social media after two of its leaders, Ashutosh Ranka and Saurav Das, were remanded to five days of judicial custody for entering Jantar Mantar, which is no longer a designated protest site.

The party vowed to hoist the national flag across the country, contrasting its actions with what it claimed was the RSS’s failure to fly the Tricolour at its headquarters for 52 years.

“The RSS didn’t hoist National Flag At Their Headquarters For 52 Years! We will hoist it and wave it, Everywhere! This is Our Country! Attack Us, Jail Us. We will not stop!” the CJP wrote in a post on X.

Ranka, Das and other party members unfurled the national flag at Jantar Mantar on Tuesday morning after entering the site, prompting their arrest.