Avinash Azad
The Supreme Court (SC) on Thursday separated the challenge to the Election Commission’s Special Intensive Revision (SIR) of electoral rolls from petitions concerning the Delhi protests against Chief Election Commissioner (CEC) Gyanesh Kumar, issuing notice to the poll body and the CEC on pleas filed by Leader of Opposition in the Lok Sabha Rahul Gandhi, other INDIA bloc leaders and MP Asaduddin Owaisi.
According to Live Law’s coverage of the hearing, a Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi also sought the government’s explanation on the denotification of Jantar Mantar as a designated protest site, and asked authorities to complete their inquiry into allegations of molestation of women journalists covering the protests.
The Court clarified that the legal challenge to the SIR exercise would be examined separately from the allegations relating to police action during the October 10 protest at Jantar Mantar. It issued notice on the SIR petitions filed by Mr. Gandhi, other Opposition leaders and Mr. Owaisi.
The CJI also observed that at least one petitioner would have to explain their conduct in the matter, though the Court did not elaborate on this during the hearing.
On the removal of Jantar Mantar from the list of designated protest sites, the Court asked the government to explain whether the decision was taken pursuant to its earlier direction to consider the issue, or whether it involved an independent application of mind. The Bench sought a response from the Centre and Delhi Police on the plea challenging the denotification.
The Court described allegations of molestation of women journalists as “very serious” and directed the authorities to conclude the inquiry “forthwith”. It also considered constituting a committee headed by a retired woman judge to examine the issue.
Underlining that journalists exercise both the right to freedom of speech and expression and the right to trade and profession, the Court said members of the media must be protected. It further directed that no coercive action be taken against a woman journalist who was booked under the SC/ST Act after alleging molestation by a police officer.
The Union government denied seizing any digital devices during the protests. The Court, however, directed preservation of all CCTV footage and other digital material connected with the matter.
Notices were issued on pleas alleging illegal detention and assault of lawyers, including claims that advocates were picked up from their chambers and subjected to brutality in police stations. Petitioners told the Court that custodial violence “cannot be tolerated at all”, and the authorities have been asked to respond.
The Court also agreed to examine a challenge to the constitutional validity of Section 172 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which permits police to detain a person who disobeys lawful directions.
An oral request was made for the Court to take cognisance of a news report alleging that Mr. Gandhi pushed a three-month pregnant woman journalist while leading a march to the Supreme Court. The CJI said the Court could not take suo motu cognisance on an oral submission and asked the party concerned to file a proper petition. The Bench will also examine whether organisers of protests can be held responsible for the consequences of protest calls.
