The Supreme Court on Thursday directed the Delhi Police to place on record the prohibitory orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, after it was pointed out that the orders had not been annexed to the counter-affidavit filed by the Delhi Police Commissioner.
A Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing a petition concerning the restrictions imposed and detentions during protests in Delhi against Chief Election Commissioner Gyanesh Kumar.
Senior Advocate Kapil Sibal submitted that the lawyers appearing in the matter had not seen the orders. Senior Advocate Menaka Guruswamy also pointed out that the affidavit filed by the Delhi Police Commissioner did not contain the Section 163 orders. She also raised the issue of the number of people detained during the protests, stating that the relevant details had not been disclosed.
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“None of us have seen the Section 163 order,” Mr Sibal said.
The Solicitor General, Tushar Mehta, was then asked to ensure that the promulgated orders were placed on record through the authorities’ subsequent or additional counter-affidavits.
The direction came amid submissions that the prohibitory orders had been issued over the preceding two weeks and had restricted public gatherings and demonstrations in parts of Delhi. Section 163 BNSS empowers the competent magistrate to issue urgent preventive orders in circumstances requiring immediate action to prevent danger, obstruction, injury or disturbance of public tranquillity.
The direction requires the authorities to place the relevant Section 163 orders before the Court so that the restrictions imposed during the protests can be examined in the context of the pending proceedings.