CJI Surya Kant Affirms Lawyers' Right to Peaceful Protests Amid Delhi Unrest

In a significant statement on October 12, 2026, Chief Justice of India Surya Kant underscored that all lawyers possess the right to partake in peaceful protests. This declaration came during a hearing regarding the detention of lawyers and alleged police misconduct amid protests against Chief Election Commissioner Gyanesh Kumar in Delhi.

During the proceedings, Senior Advocate Gopal Sankaranarayanan brought attention to the police's aggressive actions against lawyers participating in the protests. He highlighted that there was no public order under Section 163 BNSS, which should govern such situations. Sankaranarayanan urged the bench to instruct the police to exercise restraint, emphasizing the need for protection of lawyers and citizens alike during the protests.

Sankaranarayanan expressed his shock at the treatment of lawyers, recounting instances where senior advocates were physically dragged through the streets. He pointed out that private individuals were attacking protesters, and police inaction was exacerbating the situation. He called for the Supreme Court to intervene and send a strong message to law enforcement regarding their conduct during protests.

CJI Surya Kant acknowledged the gravity of the situation and agreed to list the matter for further hearing on the following day. This comes in the wake of a special Sunday sitting where the Supreme Court ruled against the illegal detention of unarmed citizens, asserting that lawyers, journalists, and other professionals must be allowed to carry out their duties without obstruction.

Looking ahead, the Supreme Court's upcoming hearing on Tuesday will likely address the ongoing concerns regarding police conduct during protests and the rights of lawyers. The court's involvement is expected to provide clarity and potentially lead to measures that protect the rights of individuals participating in peaceful demonstrations.