The Supreme Court on Monday agreed to hear on Tuesday matters arising from the recent protests by lawyers against Chief Election Commissioner Gyanesh Kumar, including concerns over the alleged detention of lawyers by Delhi Police and the suspension of internet services.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a mentioning by Senior Advocate Atmaram Nadkarni, appearing for an independent lawyer who had approached the Court following the experiences faced by members of the legal fraternity over the preceding two days.
Senior Advocate Pradeep Rai, President of the Supreme Court Bar Association (SCBA), also mentioned a writ petition filed by the Bar concerning the recent detention of lawyers and suspension of internet services.
Senior Advocate Nadkarni, mentioning one of the matters, submitted that it had been filed by a lawyer following the experiences faced by members of the legal fraternity over the past two days. The Supreme Court Bar Association (SCBA) President also informed the Court that the SCBA had filed a writ petition concerning the recent detention and internet suspension.
Chief Justice of India Surya Kant said the matters would be taken up tomorrow. However, he urged the SCBA President, office-bearers and senior advocates present in Court to ensure that democratic activities took place peacefully without affecting the functioning of the Supreme Court.
“
“Whatever may be, all the democratic activities must peacefully take place. There is no difficulty. But at least in the Supreme Court functioning should not be hindered.”
The SCBA President responded that the Association was not a political party and was discharging its institutional and professional duties. He emphasised that political parties should not interfere in the Bar’s domain.
The CJI further appealed to protesters and political parties not to drag the Court into the controversy, stressing that there should be no obstruction to the movement of lawyers, court staff or litigants, or any impediment to the functioning of the institution.
Senior Advocate Pradeep Rai also told the Court that he had made a statement urging political parties not to involve the judiciary in the matter and to act responsibly.
In another mention, Sr. Adv. Gopal Sankaranarayanan raised concerns over alleged police inaction against individuals purportedly assaulting protesters during the recent demonstrations involving members of the legal fraternity.
Urging the bench to also address the conduct of the police, Sankaranarayanan alleged that private individuals carrying sticks and lathis were attacking protesters, including children, while the police failed to intervene.
“I would hope your Lordships to say the same to the police that has not come from the bench so far,” he submitted, alleging that individuals were moving around with sticks and assaulting protesters.
Responding to the submissions, Chief Justice of India Surya Kant clarified that the Court would not permit its premises to become a site of protest. However, he acknowledged the right of lawyers and members of the Bar to participate in peaceful demonstrations at designated protest locations.
Mr Sankaranarayanan further alleged that individuals carrying lathis had repeatedly struck children on the head and subsequently circulated videos claiming responsibility for the assaults. He told the bench that he would show the videos to the Court during the hearing on Tuesday.
Expressing concern over the alleged treatment of members of the legal fraternity, he submitted that he was shocked to see a senior advocate being dragged through the streets and transported in buses while detained.
“At some point, the bench will come to the rescue of the Bar and will come to the rescue of the citizens of this country and send a strong message to the police,” he submitted, alleging that police personnel were occupying seats reserved for lawyers in courtrooms.
The matters are listed for further consideration on Tuesday.