CJI Surya Kant Affirms Lawyers' Right to Peaceful Protests Amid Police Concerns

In a recent statement, Chief Justice of India Surya Kant affirmed that lawyers have the right to engage in peaceful protests at designated locations. This declaration came amid concerns raised by senior advocate Gopal Sankaranarayanan regarding police excesses during demonstrations against the Chief Election Commissioner. The Supreme Court is set to hear the matter, with allegations of police misconduct and the need for judicial intervention highlighted. The CJI emphasized the importance of protecting the rights of lawyers and citizens alike, ensuring that they can protest without fear of violence or detention. Full details of the proceedings and implications for legal rights are discussed in the article.

By Narendra Chaudhary Oct 12, 2026, 13:19 IST

CJI's Stance on Lawyers' Rights

New Delhi: On Monday, Chief Justice of India (CJI) Surya Kant asserted that all lawyers possess the right to engage in peaceful protests at designated areas.

This statement came during a session where the CJI, alongside Justices Joymalya Bagchi and V Mohana, heard from senior advocate Gopal Sankaranarayanan. He reported instances of lawyers being detained and highlighted alleged 'police excesses' during protests against Chief Election Commissioner Gyanesh Kumar and the Election Commission.

The bench agreed to schedule a hearing for the matter on Tuesday.

Sankaranarayanan expressed concerns regarding the alleged police actions against lawyers and noted the lack of a public order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

He called for judicial intervention, urging the court to instruct the police to show restraint, claiming that lawyers faced physical force and detention during the protests.

"There is no Section 163 order available at all in the public domain. We have challenged the vires of one section as well," he stated, alleging that Senior Advocate Shadan Farasat was dragged through the streets.

Describing the situation as 'most unseemly', the senior counsel mentioned that the Supreme Court had consistently encouraged lawyers to maintain restraint and hoped that a similar message would reach the police.

He further alleged that private individuals were attacking protesters while police failed to act effectively.

Citing reports of children being struck with lathis, he mentioned that videos of these incidents would be presented to the court on Tuesday.

Sankaranarayanan also claimed that senior advocates Dinesh Dwivedi and Uttara Babbar were detained in buses during the protests.

He urged the Supreme Court to take action and deliver a strong message against police misconduct, emphasizing that both lawyers and citizens should not be left unprotected.

In response, the CJI refrained from making extensive comments but underscored that lawyers have the right to participate in peaceful demonstrations at designated locations.

"As of now, I don’t want to say anything," the CJI remarked, adding that the Supreme Court should not serve as a platform for developments that could jeopardize its institutional integrity.

He reiterated that every lawyer and member of the Bar is entitled to partake in peaceful protests at specified locations.

The bench has already scheduled the plea from the Supreme Court Bar Association (SCBA) and others for discussion on Tuesday.