Supreme Court lifts protest curbs, insists justice must stay open

The apex court, sitting as a two‑judge bench, took a clear stand on Sunday: the prohibitory orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) that fenced off the area around the Supreme Court must be taken down at once.

Justices Joymalya Bagchi and V. Mohana emphasized that a fundamental pillar of our democracy – the right to approach the courts without hindrance – cannot be compromised. "Access to justice must remain unhindered," they said, adding that any unlawful detention of peaceful, unarmed assemblies is unacceptable.

The bench was hearing a bundle of petitions that challenge the Delhi police and paramilitary crackdown on demonstrators during the October 10 protests, as well as a contempt plea alleging wilful disregard of earlier court directions.

In a move that underscored the importance of free movement, the court ordered that the smooth flow of people across the national capital be allowed, provided it stays within the bounds of 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 judgment read.

When asked about the specific notice imposed around the Supreme Court, the judges directed the authorities to withdraw it immediately, so that no one feels any apprehension about entering or exiting the courthouse.

Lawyers were also given a rare opportunity to raise unlisted matters on the spot. "We will go from right to left in the Bar and hear every party," the bench declared, signalling a willingness to listen to all concerns.

Senior Advocate Kapil Sibal, appearing for the protesters, highlighted not just the detention issue but also the broader context – the shutdown of internet services and the broader impact on civil liberties, referencing earlier judgments like the Anuradha Bhasin case.

Justice Bagchi, after hearing the advocates’ gratitude for the special hearing, brushed it off with a simple, "No need to thank us. We are always at the service of the nation."

Overall, the Supreme Court’s orders aim to restore faith in the judicial system, ensuring that even during times of unrest, the doors of justice stay open and the rule of law prevails.