The Supreme Court on Tuesday deferred until 15 October its consideration of a group of petitions centred on claims of unlawful detentions, violence against demonstrators, and transport restrictions imposed ahead of a rally demanding the removal of Chief Election Commissioner Gyanesh Kumar. The adjournment came after one member of the bench fell ill.
The postponement was granted as questions mounted over how officers handled demonstrators in the capital the previous Saturday. Movement restrictions had been put in place across transport networks ahead of a rally organised by the Janta Party (CJP) and its allied groups.
Three judges — Chief Justice of India Surya Kant alongside Justices Joymalya Bagchi and V Mohana — sat on the bench for the hearing. The CJI informed the petitioners that Justice Mohana was unwell, and with both parties in agreement on postponing the matter, the bench deferred the petitions to allow time for her recovery.
In contempt proceedings tied to alleged non-compliance with earlier court directions during the protest against the CEC, Delhi Police and other named authorities were given until Wednesday evening to submit their replies. Hearing of those petitions was scheduled for Thursday, on the condition that any filing irregularities were addressed beforehand.
Whether a separate petition lodged by Rahul Gandhi alongside ten other INDIA bloc leaders — contesting what they describe as irregularities in how the Election Commission of India operates — will be taken up together with the pleas over alleged unlawful detentions and the closing of Delhi Metro stations remains an open question before the court.
Speaking on Monday, Chief Justice Surya Kant called on parties to keep the apex court out of politically charged disputes tied to the ongoing protests, adding that access for lawyers and litigants — along with the court's day-to-day operations — needed to remain unimpeded.
Petitions highlighting the access difficulties faced by lawyers during ongoing protests in the national capital were taken up for examination by a bench under CJI Surya Kant. The bench noted that while democratic demonstration is a recognised right, it ought not impede the daily functioning of the courts or restrict the movement of legal professionals, support staff, and those seeking justice.
A bench that also included Justices Joymalya Bagchi and V Mohana heard representations put forward by senior advocate Pradeep Rai, who holds the presidency of the Supreme Court Bar Association. The bench consented to take up the related matters — among them a petition filed by the SCBA itself — when the court convened on Tuesday. The Chief Justice noted from the bench that while democratic activity ought to proceed without interference, access to the Supreme Court premises by lawyers, litigants, and court staff must equally remain unimpeded.
During the demonstrations, the SCBA president drew attention to a range of concerns — among them the curtailment of internet access — and noted through a statement that the organisation holds no affiliation with any political party. Rai stated that political parties have no place intervening in what he described as his organisation's own jurisdiction.
Noting that a separate petition had been lodged by an independent lawyer, counsel added that an appeal had also gone out to those taking part in the protests. The statement called for the judiciary to remain free from external interference, with unhindered access for attorneys, parties to proceedings, and court personnel. The Chief Justice expressed the view that such individuals should have access to their place of work.
Registry staff at the Supreme Court identified more than ten procedural defects in the petition lodged by Rahul Gandhi.
