Democratic and political protests must be held but SC must not interfere: CJI

Chief Justice of India Surya Kant said, “We will not allow the Supreme Court to become part of it. Seats are reserved for protest”. File | Photo credit: ANI

Chief Justice of India Surya Kant said on Monday (Oct 12, 2026) that peaceful democratic and political protests should be held but “the Supreme Court should not be dragged into it” or become a venue for agitations.

“Democratic activities must be peaceful, but the functioning of the Supreme Court should be smooth… We are not worried about any political party… The court should not get involved in anything. The protests should be peaceful. There should be no hindrance or hindrance in the movement of lawyers, judicial staff, litigants… I request,” said Chief Justice Kant and headed by Justice Mosymal Bagh, Justice V. Joshanchiy Bench. open court.

The CJI’s remarks come even as opposition leaders are expected to march to the Supreme Court on Monday (October 12, 2026) in protests against the Chief Election Commissioner (CEC). Heavy security is present on the premises of the court.

CEC Protests: Watch LIVE updates on 12 October 2026

Chief Justice Kant on Sunday (October 11, 2026) wrote to Leader of the Opposition Rahul Gandhi that he rejected his request for an appointment on October 12, 2026.

The CJI’s observation came a day after Justices Bagchi and Mohana held a special hearing on Sunday in the wake of the October 10 mass detention and “banishment” against civil rights. Senior lawyers compared the Delhi police crackdown on October 10, 2026 to the emergency of 1975. The court directed the Union government and the Delhi Police to allow free and smooth movement of traffic, people, metro services and rail services but “in accordance with public law and order”.

On Monday (October 12, 2026), the CJI was responding to an oral reference by the Supreme Court Bar Association (SCBA), represented by its president and senior advocate Pradeep Rai, against the illegal detention of lawyers and internet suspension.

“We are fulfilling our professional duties. They (authorities) should not interfere in this. I have stated that political parties should not drag the court into all this. They should be responsible political parties,” Mr Rai stated.

Also read | The Delhi High Court will hear a plea against the closure of Jantar Mantar due to the October 13 protests

Another petition represented by advocate ANS Nadkarni, who appeared at the bar, sought the same protection.

Senior advocate Gopal Sankaranarayanan, in a separate oral statement, said he was still waiting for the bench to admonish the police to exercise restraint, “at least once”.

“At a time when senior advocates are being dragged through the streets, Mr. Shadan Farasat (senior advocate) was being dragged into the streets. It was most indecent and it should not have happened. I know that at such a time your lordship has repeatedly said that we must try to cooperate and exercise restraint etc. At least once I would hope that your lordship would hope that this does not go as far as the police… it happens.” Mr. Sankaranarayanan emphatically submitted to the bench.

The CJI reiterated that the Bench would not allow the Supreme Court to become a venue for protests.

“I don’t want to say anything now, but I am only asking. Every member of the bar has the right to participate in the protest, wherever the places are marked,” Chief Justice Kant said.

The senior counsel is also asking for a hearing on Tuesday (October 13, 2026). He said that none of the prohibitory orders under Section 163 of the BNSS are publicly available.

“Meanwhile, private hooligans are being allowed by the police to beat up children, hit them on the head. Later they released videos in which they proudly say they did it. The police are doing nothing. Instead, they are repeatedly telling us to control ourselves. I don’t know what we have done. I am shocked. A senior advocate is being dragged through the streets,” said two other senior advocates. This Mr. Sankaranesan is extremely restrained.

He said the bench should “at some point” come to the rescue of the bar and the citizens of the country.

The court agreed to hear all three motions on October 13, 2026.

Published – 12 October 2026 12:10 PM IST