Supreme Court To Hear Plea Against Preventive Detentions In Delhi
· India · The Hindu, Times of India
The Supreme Court has agreed to hear a criminal writ petition from academician Apoorvanand Jha challenging the legality of prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita. Jha argues that authorities are using the pretext of preventing a breach of peace to conduct preventive detentions during peaceful protests. The petition specifically cites the detention of minors for up to 24 hours during demonstrations against Chief Election Commissioner Gyanesh Kumar. A Bench led by Chief Justice of India Surya Kant scheduled the matter for a hearing on November 19. The petitioner contends that equating peaceful protest with a breach of peace undermines the fundamental right to public demonstration.
Why it matters
The outcome of this case will clarify the legal threshold for authorities to impose prohibitory orders and conduct preventive detentions, directly impacting the right to protest for citizens in Delhi.
Read the original report — The Hindu
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