Supreme Court stresses due process as detentions continue; Opposition and CJP vow to press on with protests

A phalanx of 40,000 security personnel detained roughly 700 people on Sunday as sporadic protests against chief election commissioner Gyanesh Kumar continued to bubble up across the Capital for a second consecutive day as the Supreme Court underlined that detentions must be lawful and traffic movement eased with the metro running and fewer road barriers.The top court also ordered authorities to remove a notice imposing prohibitory restrictions around the Supreme Court and other court complexes to ensure unhindered “access to justice”. (HT_PRINT)The leaders of the Cockroach Janta Party (CJP) –– a satirical movement that forced the education minister’s resignation three months ago –– were released after signing a bond promising “to maintain peace and good behaviour” for one year. But a day after their dramatic detention from a flight, the CJP leaders said they’ll press on with the protests and seek permission on Monday for a new stir.“The CJP will neither back down nor be intimidated…we will hit the streets again,” CJP founder Abhijeet Dipke said on X before heading back to Maharashtra to deal with a bereavement. Dipke also said he had not signed a bond barring him and other CJP leaders from staging further protests.Also Read | SC order on Delhi protest crackdown: What ‘procedure established by law’ meansCJP leaders vow to resume protests after releaseMonday will also see the Opposition return to the streets with a march to the Supreme Court. Leaders of the INDIA bloc said they had an appointment to meet Chief Justice of India Surya Kant on Monday afternoon but court officials denied the claim.The developments came a day after security personnel turned the Capital into a fortress to thwart the planned protest, launching an unprecedented clampdown that saw the detention of 7,000 people, internet services suspended near Jantar Mantar, cancellation of many long-distance trains to Delhi and the controversial closure of 45 Metro stations.In addition, right-wing groups thrashed many protesters in front of the police, laid spike strips on arterial roads, erected thousands of yellow barricades that choked traffic, and put up loudspeakers that blared prerecorded police warnings against unlawful gatherings.Also Read | No illegal detention of protesters in Delhi; metro, internet to run normally: Supreme CourtDelhi sees partial return to normalcy after security crackdownSunday was relatively calmer, with the Metro open, trains back on track and some roads opened. But central Delhi was shrouded in a security blanket even as some protesters made it past barricades for short-lived agitations that melted away as police bundled them away into buses, triggering allegations of brutality. Many journalists and bystanders were also picked up, sparking a controversy.Sanjay Kumar, who was visiting Delhi from Bihar, said, “I had come for an excursion to the India Gate on Sunday but police said I would not be able to sit on the lawns, or even walk to monument. They asked us to take a photo and leave.”The drama on Sunday began around 3am when YouTuber Dhruv Rathee was released from detention. He alleged he was abducted. Around 9.30am, CJP leaders Dipke, Ashutosh Ranka and Saurav Das were produced before the executive magistrate and released on a surety and a bond of ₹50,000.Roughly two hours later, in a special hearing, the Supreme Court ordered that peaceful, unarmed protester cannot be detained except in accordance with the “procedure established by law”, while further directing that metro and railway services in Delhi operate normally, internet connectivity remain undisturbed and free movement of people be restored.The court also ordered authorities to remove a notice imposing prohibitory restrictions around the Supreme Court and other court complexes to ensure unhindered “access to justice”.A special bench of justices Joymalya Bagchi and V Mohana issued the directions after an urgent hearing on petitions alleging mass detentions, restrictions on movement, suspension of internet services and non-compliance with the court’s October 9 order on transport curbs.The bench directed that metro and rail facilities run normally unless restrictions are required to address a public order situation within the framework of Article 19(2) of the Constitution. It further ordered that people’s free movement in the city be permitted subject to law, internet services remain undisturbed in accordance with law, and no person be detained except in accordance with the procedure established by law, particularly in the case of peaceful, unarmed assemblies beyond the area covered by a prohibitory order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).“We would like to ponder on how far the police acts fall in sync with the requirement of expression under Article 19,” the court said after many petitioners challenged the preventive detention of Opposition leaders, and questioned the legality of the restrictions and sought accountability for alleged police excesses.By then, hundreds of protesters had reached Connaught Place to shout slogans against Kumar, only for them to be picked up ––triggering allegations that the police were breaching the apex court’s orders.“Manhandled, dragged, assaulted and misbehaved inside a police vehicle and dumped by the roadside - for the crime of speaking to the media. This is not merely an assault on an MP. It is an assault on democratic freedoms and the rule of law. More chillingly, it happened within hours of the Supreme Court issuing directions to safeguard peaceful protest and constitutional rights,” said MP John Brittas, one of the detainees.The Delhi Police public relations officer did not respond to requests seeking comment.Detentions continued in central Delhi, RK Puram, Nigambodh Ghat, and RK Ashram, especially after Left student leader Neha Bora marched in protest around 2.30pm. Police picked up at least 12 journalists –– many of them from prominent media houses –– and detained many people walking on the road, standing or passing by.Rapid Action Force, Central Reserve Police Force personnel and anti-riot vehicles were deployed in Connaught Place, and 30 traffic diversion points set up across the city. Police personnel were seen stopping people and checking their identity documents on roads leading towards central Delhi. HT saw officers questioning people about their source and destination.Detentions continued till around 8pm –– including that of a man sitting inside a fast food joint in Connaught Place. Police said the detainees were released “before 10pm”.Also Read | Bleeding protesters, detained journalists: New Delhi sees fresh chaos despite SC orderSIR row adds to pressure on chief election commissionerThe unrest is part of a longer string of events that have mounted pressure on Kumar over the controversial special intensive revision –– which has already deleted 130 million names from India’s electoral rolls –– and other allegations. The developments come after an Indian Express investigation said election commissioners SS Sandhu and Vivek Joshi had recorded written dissents and objections at least 14 times between November 2025 and August 2026 and even written to the cabinet secretary. It also alleged that election officials found their access to the ECI software curtailed by the central IT team. ECI said differing views and observations were a normal part of deliberation and that all its digital platforms operated under strict data security protocols.Delhi BJP spokesperson Praveen Shankar Kapoor said the CJP and AAP were misleading young people.“These leaders are pushing young people into a movement that could ruin their careers,” he said.Despite the mass detentions, there appeared to be no hold-up in the unrest.“Tomorrow at 10am, me, @SauravDasss, @whattalawye and other CJP leaders will go to Parliamentary Street Police Station to get a date for a peaceful protest at Jantar Mantar. @DelhiPolice can give us a date for Jantar Mantar in 24 hours, or we will give another protest call ourselves,” Ranka said on X.CJP also held a press conference.“The entire country is facing an emergency-like situation. The protesters just want to put out their problems in front of the government. Today, the state is at war with its own citizens,” Das said.