India’s Supreme Court vs. Delhi Police: Will the INDIA bloc march be stopped?

New Delhi – As the INDIA bloc prepares to march to the Supreme Court on Monday, a direct confrontation is brewing between the judiciary and the Delhi Police. Despite a Supreme Court order on Sunday to allow normal metro and rail services, the Delhi Metro Rail Corporation (DMRC) closed six metro stations on Monday morning, hours before the march. The court also directed authorities not to detain peaceful, unarmed people except as permitted by law, and to ensure free movement and uninterrupted internet services. In a clear message, the court ordered an immediate review of barricades in the corridor.

Why is the INDIA bloc protesting?

The opposition alliance is demanding the resignation of Chief Election Commissioner Gyanesh Kumar, accusing him of deliberately helping the ruling BJP by illegally removing the names of 13 crore people from electoral rolls through a Special Intensive Review process. The bloc argues this disenfranchises millions of voters, undermining democratic participation.

Despite the Supreme Court’s intervention, the INDIA bloc remains determined to march from Barakhambha Road to the Supreme Court. The court rejected the bloc’s request for a hearing before the march, and Chief Justice Surya Kant refused to meet its leaders. Well-known advocate Kapil Sibal expressed frustration, saying he is disappointed and sees no point in approaching the court.

What did the Supreme Court order?

The Supreme Court’s Sunday order was explicit: authorities must not detain peaceful, unarmed individuals except as permitted by law, and must allow free movement and keep internet services running. The court also ordered an immediate review of barricades, signaling concern over excessive restrictions.

However, the Delhi Police’s actions on Monday morning, including closing six metro stations and tightening security across the city, suggest they may defy the spirit of the order. Under Article 19(1)(b) of the Indian Constitution, peaceful protest is a fundamental right, but it is subject to reasonable restrictions under Article 19(3). Delhi Police is likely to invoke this provision to justify stopping the march.

What happens next in the legal standoff?

The INDIA bloc may file a fresh petition with the Supreme Court, though its demands are not yet known. Meanwhile, the Delhi Police will file an affidavit on October 13, answering the court’s questions about protest-related detentions, access, and transport restrictions. This affidavit will be crucial in determining whether the police’s actions align with the court’s directives.

Political reactions and broader implications

In a related development, the Cockroach Janta Party (CJP) has issued an ultimatum to the Delhi Police, demanding a date and time for its protest at Jantar Mantar within 24 hours. The police had earlier rejected CJP’s application, citing a ten-day notice requirement.

Karnataka Chief Minister DK Shivakumar took an indirect dig at Chief Justice Surya Kant, saying, “The voice of the people of this country must be heard. When the Election Commission doesn’t meet, the Prime Minister should call them and ask what their problem is. When such is the case, there is no option to request a CJI. The courts have been shut down on this issue, and the court doesn’t want to interfere with common public interest litigation... We try in all ways to save this country’s democracy and the right of every citizen to vote... In democracy, anything is possible.”

The standoff raises critical questions about the balance between judicial authority, police powers, and civil liberties in India’s democracy. For observers, the outcome will signal whether the judiciary can effectively check executive overreach in protest management.

Will the Delhi Police stop the march?

Despite the Supreme Court’s order, the Delhi Police’s actions suggest they are prepared to use legal loopholes to restrict the march. The closure of metro stations and heavy security deployment indicate a hardline approach. The INDIA bloc, however, appears resolute, and the coming hours will test the limits of both judicial authority and police discretion.

As the situation unfolds, all eyes are on the Delhi Police’s affidavit and the bloc’s next legal move. For now, the march is set to proceed, but the path remains fraught with legal and procedural hurdles.