Delhi Police says Mamata Banerjee protest plea no longer survives

Delhi Police told the Supreme Court that no one was detained during the protest involving Mamata Banerjee. The force argued that the habeas corpus plea had become infructuous and should be dismissed.Image used for representational purposes onlyNewdelhi,Nov 3, 2026 19:26 ISTThe Delhi Police has told the Supreme Court that a habeas corpus petition filed by TMC MP and lawyer Menaka Guruswamy over the alleged removal of former West Bengal chief minister Mamata Banerjee from a protest site has become infructuous, news agency Press Trust of India reported. The police said no one was arrested or detained during the October 10 protest in Delhi.In a counter-affidavit filed before a bench headed by Chief Justice Surya Kant, Joint Commissioner of Police (Crime) Surender Kumar said the petition had been "duly answered" and "no longer survives and deserves to be dismissed".Habeas corpus is a constitutional remedy used to protect an individual's liberty against unlawful detention or restraint.The police said the Cockroach Janta Party had called the October 10 protest without permission from the competent authority and that the proposed demonstration could have seriously affected public order, PTI reported. According to the affidavit, an order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita was in force at the time. Any assembly or gathering held in violation of the order constituted an unlawful assembly.The order, issued by the Assistant Commissioner of Police, Chanakyapuri, on August 19, prohibited public meetings, gatherings of five or more people, banners and placards, slogan-shouting, speeches, processions and demonstrations within the jurisdictions of the Chanakyapuri and South Avenue police stations. It was in force for 60 days from August 20 to October 18. The order cited the presence of Rashtrapati Bhavan, the Prime Minister's residence, foreign embassies and other vital installations in the area.The affidavit said the police also invoked Section 65 of the Delhi Police Act, which requires people to follow the reasonable directions of a police officer. The provision allows the police to remove those who resist or refuse to comply and either produce them before a metropolitan magistrate or release them in minor cases once the circumstances requiring their removal have ended.According to the affidavit, Banerjee, Trinamool Congress leader Derek O'Brien, Rajya Sabha MP Dola Sen, Lok Sabha MP Pratima Mondal and others were found violating the directions issued under Section 163 at South Avenue. Police officers informed them about the directions."As they failed to comply with the said directions, they were removed from South Avenue at approximately 2 pm and taken to Dwarka North Police Station, where they were requested to sit in the chamber of the Station House Officer," the affidavit said.The police said "the dignity and respect befitting the offices they held were duly maintained" and that tea, coffee and food were offered to them.The affidavit said Banerjee, Sen and Mondal were informed at 5.50 pm that they were free to leave because the circumstances requiring their removal from South Avenue had ended."However, the aforesaid three persons chose to leave along with three other persons, namely, Derek O'Brien, Samirul Islam and Mohammed Nadimul Haque, who were permitted to leave at 6.05 pm. All of them left in their respective cars, which were waiting outside the police station," it said.The Delhi Police said that after the habeas corpus petition was filed, the petitioners sought to widen its scope by adding several other requests for relief that could not be considered in the current proceedings.Reiterating that no one was arrested or detained during the protest and that those removed from South Avenue were allowed to leave after the situation had ended, the police said the habeas corpus petition "no longer survives and deserves to be dismissed".- Ends