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Delhi Police Explain Section 163 Orders Filed in Supreme Court Over Protests
Reported by Aditya Chauhan (Staff Writer) · The Hindu - National ·
Photo: Openverse - wikimediaSeven prohibitive orders were passed by the Delhi Police under Section 163 of the Bharatiya Nagarik Duraksha Sanhita in the national capital to restrict movement and public gatherings. These orders were implemented before protests erupted to demand the resignation of Chief Election Commissioner Gyanesh Kumar. Six of these orders were issued on August 20 or around that date, following violence during July 20 protests against alleged NEET-UG 2026 paper leaks in the New Delhi district. One order extends prohibitions from September 26 to November 24.
Details and Legal Basis
The orders last for a maximum period of 60 days. They were issued ex-parte without hearing objections, with the police stating that individual notices could not be served to everyone concerned. Delhi Police Commissioner Anurag Kumar submitted these details in an affidavit to the Supreme Court. The police stated that reports indicated unrestricted public meetings and demonstrations would cause traffic obstructions, danger to human safety, and public unrest, necessitating speedy measures.
Scope and Petitions
The restrictions cover seven police sub-divisions including Connaught Place, Tughlak Road, Parliament Street, Chanakyapuri, Barakhamba Road, Safdarjung Enclave, and Defence Colony. These areas house vital installations such as the Prime Minister's residence, Rashtrapati Bhavan, and foreign embassies. The prohibited activities include public meetings, slogan shouting, speeches, picketing, dharnas, assembly of five or more persons, and carrying weapons, banners, or lathis. The affidavit came in response to petitions from political leaders, activists, and lawyers—including CPI(M) state secretary M.A. Baby, Rajya Sabha MP A.A. Rahim, senior advocate Menaka Guruswamy, and advocate Shailendra Mani Tripathi—challenging the mass detention of protesters and journalists on October 10 and 11, along with transit shutdowns and heavy barricading.
Context
Section 163 of the Bharatiya Nagarik Duraksha Sanhita empowers local authorities to issue urgent orders in apprehension of danger or disturbance in an area. The New Delhi district frequently sees high-security measures and crowd control regulations due to its concentration of key government buildings and diplomatic missions.
ExplainerWhy this matters
What Happened
Delhi Police filed an affidavit in the Supreme Court detailing seven prohibitive orders issued under Section 163 of the BNSS in central and key areas of the national capital. These orders restricted public assemblies and movement following earlier protests in July 2026, leading up to subsequent demonstrations and mass detentions in October.
Why It Matters
The case brings into sharp focus the balance between maintaining public order and protecting democratic rights to dissent and peaceful assembly. Petitioners argue that blanket bans and mass detentions violate constitutional freedoms and previous court directives against causing severe hardship to commuters.
What Happens Next
The Supreme Court will examine the validity of the ex-parte prohibitive orders and the legality of the police actions during the October protests, with further hearings expected to determine guidelines on public movement and policing in sensitive capital zones.
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