The government’s sweeping response to last week’s planned Cockroach Janta Party protest disrupted life across Delhi well beyond the immediate protest site. The Supreme Court had to convene on Sunday after urgent applications alleged that the police had violated its directions against mass detention, including of journalists. The petitioners cited disruption of metro and railway services, internet restrictions across a large area and detentions beyond the area covered by Section 163 of the Bharatiya Nagarik Suraksha Sanhita, which empowers authorities to issue orders to prevent breaches of peace.
Though the government disputed the allegations, the Bench found a prima facie case, issued notice to the alleged contemnors and sought their responses and a compliance report. It directed that metro and rail services resume normally, subject to reasonable restrictions, and that people be allowed to move freely while complying with the law. Internet access was to remain available, and peaceful, unarmed people were not to be illegally detained.
The question of why restrictions under Section 163 were imposed across New Delhi district, covering much of Lutyens’ Delhi, remains unanswered. The impact went well beyond the protest site, affecting commuters, workers, traders and visitors with no connection to the demonstration. The reported intrusion into the Press Club of India and disruption of a meeting, if established as alleged, would be particularly troubling in a democratic society.
Protest is a democratic way of making those in power listen. While authorities have a legitimate duty to maintain public order, restrictions must be proportionate and cannot render dissent meaningless. On Monday, the Delhi Police withdrew Jantar Mantar’s status as a designated protest site and named three alternatives: Ramlila Maidan, CBD Ground and Burari Ground. The latter two are about 13 and 20 km from Parliament House, respectively. Moving demonstrators farther from those they wish to address risks making their voices easier to ignore.
The October 10 violence has raised serious questions about police accountability. Videos appeared to show men attacking protesters, including women, brutally. Allegations of sexual assault by security personnel at earlier protests make a thorough, impartial investigation all the more necessary. The government must explain the attacks, detentions and sweeping restrictions, establish accountability wherever wrongdoing is proved, and ensure that peaceful protest remains a meaningful democratic right. Public order cannot become a pretext for the State to exercise unrestrained power.