SC Lifts Section 163 BNSS Curbs Around Supreme Court
The Supreme Court has ordered authorities to lift Section 163 BNSS restrictions around the apex court and prohibited illegal detention of peaceful protesters.
In a significant ruling aimed at protecting fundamental rights, the Supreme Court of India has directed authorities to immediately lift the prohibitory orders imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in the vicinity of the apex court complex. The bench emphasized that the right to access justice must remain unhindered and that peaceful citizens must not face illegal detention during demonstrations.
Protection of Peaceful Protesters and Movement
The directions were issued by a bench comprising Justices Joymalya Bagchi and V. Mohana during a hearing involving a batch of petitions. These petitions challenged the government crackdown and the subsequent detention of demonstrators by the Delhi Police and paramilitary forces during protests held in the national capital on October 10. The court also addressed a contempt plea alleging the willful disobedience of previous judicial orders.
The bench underscored the importance of the fundamental right to peaceful movement, mandating that the smooth movement of people across the national capital must be facilitated within the bounds of the law. The court's order was explicit regarding the treatment of citizens: "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.
Ensuring Unhindered Access to Justice
A primary concern for the court was the potential impact of the restrictions on the legal process itself. Addressing the specific limitations placed near the top court, the bench noted that the imposition of Section 163 could create an apprehension regarding the ability of people to enter or exit the premises.
The court directed the authorities to remove these restrictions to ensure that there is no impediment to accessing justice. "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," the bench ordered.
Legal Arguments and Judicial Response
During the proceedings, the court agreed to hear all advocates seeking to mention pleas related to the protest crackdowns. The bench proposed a systematic approach to ensure every party was heard, stating, "We propose to do is to go from right to left (in the Bar) and give an opportunity to hear every party."
Senior Advocate Kapil Sibal, appearing during the hearing, raised concerns regarding the detention of individuals and the imposition of Section 163. He specifically mentioned instances where people were being picked up from locations such as trains, and raised the issue of internet suspensions, a matter previously addressed in the Anuradha Bhasin case.
When legal counsel expressed gratitude to the court for convening this special hearing to address the urgent situation, Justice Bagchi remarked, "No need to thank us. We are always at the service of the nation."