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Judiciary

Supreme Court holds Sunday sitting, directs no detentions except by law in Delhi

A special bench directed Delhi authorities to avoid detentions except by law, keep Metro and internet services running, and file affidavits by 13 October on the 10 October protest restrictions.

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Photo by Tomasz Zielonka on Unsplash

The Supreme Court held an unscheduled Sunday sitting on 11 October 2026 and directed the Union government and Delhi Police to allow free movement of people and traffic and to run Metro and rail services, “subject to law and public order”, The Hindu reported. The bench of Justices Joymalya Bagchi and V. Mohana was hearing petitions over the detentions and travel restrictions in Delhi on Saturday, 10 October, around a protest demanding the resignation of Chief Election Commissioner Gyanesh Kumar.

What the Court directed

According to The Hindu, the bench issued notice to Union Home Secretary Govind Mohan, Delhi Police Commissioner Anurag Kumar and Delhi Metro Rail Corporation chairperson D. Thara on a contempt petition filed by advocate Shailendra Mani Tripathi. The petition alleges violation of the Court’s 9 October order, which recorded that there shall be no complete prohibition on Metro train movement. Our report on that order has the background.

The Hindu reported that the Court ordered the police to review barricades on public roads, to ensure that internet connectivity was not disturbed, and to lift prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita in and around the Supreme Court and other courts. Justice Bagchi said there would be no detentions except by law, particularly outside the four-kilometre prohibitory zone in central Delhi that includes Jantar Mantar, and that people should be allowed to assemble peacefully outside that zone. Journalists and lawyers were to be allowed to carry out their professional duties. The Hindu noted that the Court did not explicitly comment on the legality of the prohibitory orders themselves.

The Court asked the authorities to state in affidavits whether they had complied with the 9 October order to issue traffic and rail advisories, and to give the locations of the closed Metro stations. Responses are due by Tuesday, 13 October. Justice Mohana appealed to those protesting to “take to peaceful means”, The Hindu reported.

What was said in court

Solicitor General Tushar Mehta, appearing with Additional Solicitor General S.V. Raju, told the Court that protesters were removed at 2 pm and released at 6 pm on 10 October. On the legality of the detentions, he said it was for the Court to decide. The Indian Express reported that more than 7,000 protesters were detained, including CJP founder Abhijeet Dipke, Opposition leaders and others; Bar & Bench’s live report recorded a counsel putting the figure at 6,000 to 7,000. The reports reviewed did not include an official count.

Justice Bagchi said the Court was “agnostic” about whether those injured were police officers, lawyers or citizens, and would look into grievances equally, according to Bar & Bench’s live report.

What happens next

The Union government, Delhi Police and the Delhi Metro Rail Corporation are to file their responses and compliance reports by 13 October. Other petitions, including a habeas corpus petition by Menaka Guruswamy, were also before the Court; the reports reviewed did not give a listing date for them.

Perspectives

Listed in no particular order and given equal space. Inclusion is not endorsement.

The Centre and Delhi Police say

  • Solicitor General Tushar Mehta said the legality of the detentions was for the Court to decide and that he would file a reply to the petitions.
  • He said, on the government’s instructions, that there was “zero reduction in the total volume of Metro service”, that restrictions applied to 45 of 303 stations on 10 October, that all stations were open on 11 October and that internet service was restored the previous night, The Hindu reported.
  • A lawyer appearing for some police officers told the Court that police personnel had also been injured on 10 October, according to Bar & Bench’s live report.

The petitioners and protest organisers say

  • Senior Advocate Menaka Guruswamy told the Court the events amounted to an attempt to stop peaceful protest and asked whether Article 19 had been suspended; Senior Advocate Shadan Farasat said he was detained on 10 October and that the day was “one step away from a Police State”, The Hindu reported.
  • Senior Advocate Gopal Sankaranarayanan said police personnel without name badges took part in the detentions and asked for accountability; the Supreme Court Advocates-on-Record Association said the internet shutdown affected access to online courts.
  • Cockroach Janta Party (CJP) leader Saurav Das, quoted by The Hindu, alleged the government had turned the state against its own citizens, and the party said it would continue its protests.

Sources

  1. SC mandates free movement, no illegal detentions, 'subject to public order' — The Hindu
  2. CJP protest crackdown, detentions: LIVE UPDATES from Supreme Court's Sunday hearing — Bar & Bench
  3. 'No illegal detention, undisturbed internet': Top 7 quotes from Supreme Court on Delhi protests — The Indian Express

#Supreme Court#Jantar Mantar#Protest#Cjp#Delhi Police#Delhi Metro