Won’t allow Court to become a political battleground: SC to hear all protest pleas tomorrow

New Delhi: The Supreme Court has on Monday agreed to hear two separate pleas — one filed by the Supreme Court Bar Association (SCBA) and the other mentioned by Senior Advocate Gopal Sankaranarayanan — concerning disturbances caused to lawyers and courts during the October 10 and 11 protests in Delhi and allegations of certain hooligans freely attacking lawyers, young persons and other protesters respectively, on Tuesday. 

A bench of CJI Surya Kant and Justices Joymalya Bagchi and V. Mohana said it would not permit any impediment to the functioning of courts or the movement of lawyers amid restrictions imposed by authorities during the protests on the SCBA’s plea but also clarified that it will not allow the Court to become a political battleground on a separate mentioning of another petition by senior advocate Gopal Sankarnarayanan. 

A plea was mentioned by Senior Advocate Gopal Sankaranarayanan seeking action against certain alleged hooligans who, he said, were freely attacking protesters and lawyers without facing police action.

He also raised concerns over videos purportedly showing such persons recording and proudly displaying their acts of violence.

“Private hooligans are not being stopped. They are making videos and proudly proclaiming what they have done. I am shocked. I’ve never seen a senior advocate being dragged on the streets. At some point, the Bench will have to come to the rescue of the Bar and young children,” Sankaranarayanan said.

He also referred to restrictions under Section 163 and said, “At a time when our senior advocates are being dragged through the streets, at such times I must urge the Court to convey to the police to exercise restraint.”

Initially, the Court said it would not allow the Supreme Court to become a political battleground. However, when the senior counsel clarified that this was a fresh plea seeking action against alleged hooligans, the Court agreed to list the matter tomorrow along with the other protest-related matters.

Separately, the SCBA mentioned its plea seeking directions to ensure that lawyers and the functioning of courts are not affected by disturbances during protests.

SCBA President and senior advocate Pradeep Rai said political parties should not interfere with the work of lawyers or affect the functioning of courts.

CJI Surya Kant said he had already appealed to the authorities to ensure that there was no impediment to the functioning of courts or the movement of lawyers.

Both pleas were mentioned separately before the CJI-led bench and have been listed for tomorrow.

The developments come after the Supreme Court’s special hearing on Sunday on the protest-related matters.

On Sunday the Court sought responses from the Centre and other authorities on a plea seeking contempt action for alleged willful disobedience of its directions lifting a complete ban on metro, railway and Internet services. It has prima facie found that the allegations were sufficient to warrant a case and sought an explanation from the authorities and directed them to file their responses by Tuesday.

The Court also sought the government’s response to allegations of illegal detention of peaceful protesters.

The Court has now agreed to hear all the protest-related matters on Tuesday.