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The Supreme Court on Sunday directed authorities to immediately lift the prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) imposed around the apex court complex, emphasising that access to justice must remain unhindered and peaceful citizens should not face illegal detention.
A bench comprising Justices Joymalya Bagchi and V. Mohana passed the directions while hearing a batch of petitions challenging the government crackdown and detention of demonstrators by the Delhi Police and paramilitary forces during protests in the national capital on October 10, alongside a contempt plea alleging wilful disobedience of court orders. Highlighting the fundamental right to peaceful movement, the apex court ordered that smooth movement of people across the national capital must be facilitated within the bounds of the law. "Smooth movement of people in the city shall be permitted in accordance with law. There shall be no illegal detention, particularly of peaceful, unarmed assemblages of people, beyond the area where Section 163 BNSS is in operation," the bench stated. Addressing the restrictions placed in the vicinity of the top court, the bench directed: "We have been informed that a notice under Section 163 has been imposed in and around the Supreme Court. We direct the authorities to take down the restriction so that there is no apprehension of access to justice with regard to ingress and egress to the Supreme Court." During the proceedings, the bench agreed to grant an audience to all advocates seeking to mention their respective pleas connected to the protest crackdowns. "Two matters are before us. There are lawyers who wish to make an unlisted mention of pleas filed. What we propose to do is to go from right to left (in the Bar) and give an opportunity to hear every party," the Court observed. When counsels appearing in the matter expressed their gratitude to the top court for convening a special hearing to address the situation, Justice Bagchi remarked, "No need to thank us. We are always at the service of the nation." The Supreme Court commenced hearing a batch of pleas over the government crackdown on protesters protesting in Delhi on October 10. Senior Advocate Kapil Sibal begins submissions on a plea against detention and the order of imposition of Section 163. They are picking up people from trains, etc. Then there is the issue of suspension of the Internet (which is covereddecidedin the Anuradha Bhasin case), Sibal said. (ANI)
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