CJI Surya Kant Warns Against Politicising Supreme Court Amid Delhi Protests

Chief Justice of India (CJI) Surya Kant on Monday urged lawyers and protesters not to involve the Supreme Court in political disputes amid the ongoing protests over the alleged police crackdown in Delhi. He stressed that demonstrations must not disrupt the court’s functioning or obstruct the movement of lawyers, court staff, clerks and litigants. The CJI said the court respects democratic rights but expects protesters to conduct their demonstrations at designated locations.

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CJI Emphasises Court Functioning and Right to Protest

CJI Surya Kant made the remarks after Supreme Court Bar Association (SCBA) president and senior advocate Pradeep Rai sought an urgent hearing on a fresh petition concerning the alleged detention of lawyers and the suspension of internet services. The CJI agreed to list the petition on Tuesday but asked the Bar to ensure that protests do not interfere with judicial proceedings. He reiterated that lawyers have the right to protest peacefully at designated locations and urged them to maintain normal court operations.

The CJI’s observations followed a special bench of Justices Joymalya Bagchi and V. Mohana issuing directions on Sunday to protect peaceful protests and freedom of movement. The bench directed authorities to ensure that police detain no person except in accordance with the law. It also called for normal metro and railway services, uninterrupted internet connectivity and the removal of restrictions around court complexes. These directions aimed to protect citizens’ rights and ensure that people could access the courts without unnecessary obstacles.

Senior advocate Gopal Sankaranarayanan raised concerns about the alleged detention and mistreatment of lawyers, including Dinesh Dwivedi and Shadan Farasat. He also questioned the absence of a publicly available order imposing restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Sankaranarayanan urged the Supreme Court to send a strong message against alleged police excesses. However, CJI Surya Kant declined to comment on the allegations at that stage and reiterated his appeal to keep demonstrations separate from the court’s functioning.

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Lawyers Raise Concerns Over Police Action

The controversy intensified after Opposition leaders, including Congress president Mallikarjun Kharge and Leader of Opposition Rahul Gandhi, sought a meeting with the CJI to discuss the police action, alleged electoral irregularities and concerns about constitutional institutions. The CJI declined the request, citing, among other considerations, the fact that related issues were already pending before the Supreme Court. Gandhi subsequently announced plans for Opposition parties, young people and civil society groups to march towards the court and submit a memorandum. The proposed march formed part of a wider campaign demanding the resignation of Chief Election Commissioner Gyanesh Kumar.

The Supreme Court has already taken up several matters concerning the protests, including alleged restrictions on public movement, mass detentions and disruptions to transport services. On Friday, a bench led by CJI Surya Kant asked authorities to reconsider proposed restrictions on metro and railway operations, distinguishing between regulating services and shutting them down. On Sunday, the special bench also sought explanations from authorities regarding the alleged detentions and their legal justification. The court is scheduled to hear the related matters again on Tuesday as the dispute over the protests and police action continues.

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