Supreme Court bans lawyers from gathering inside premises

The rights of lawyers are being violated within the Supreme Court, yet both judges remain silent.

The Supreme Court today, Sunday, October 11, did not give any final decision on the petition filed by several lawyers of the Supreme Court regarding contempt of court, but issued some orders. The Supreme Court had previously stated on the 9th that no obstruction should be created by the police or the government in relation to the protests scheduled for October 10 at Jantar Mantar. Nevertheless, trains, metro trains, buses, etc., were shut down, and thus the government did not comply with the court's order, leading to the filing of this petition.

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Now, what the Supreme Court has stated in its order on October 11 regarding this petition seems strange. The order given by the Supreme Court is akin to locking the stable after the horse has bolted. This matter was heard today, October 10, in Court Number 5 by Justice Joymala Bagchi and Justice V. Mohana.

This is an 11-page order. The court's order states that, apart from the restrictions mentioned in Article 19(2) of the Constitution, trains and metro trains should continue to operate. Article 19(2) of the Constitution states that the government can impose reasonable restrictions on the freedom of speech and expression if there is a threat to public order.

The question is, peaceful protests were to be held at Jantar Mantar tomorrow. Was there any threat to public peace from this? There was no likelihood of public order being disturbed. Everything was locked down before anything could go wrong. Despite this, the Supreme Court does not say anything about it.

Secondly, the court stated that the free movement of people should be ensured by the government. But what about the fact that the government halted the free movement of people yesterday? The Supreme Court does not say anything about that either. The court also mentioned that internet services should remain operational. But what about those that were shut down yesterday? The court does not address that either.

The court also stated that unarmed people should not be detained if they gather peacefully. But what about what happened yesterday? The court is completely silent.

Lawyers stated that boards were put up indicating that Section 163 of the Indian Citizens Security Code was enforced inside and around the Supreme Court. This section states that the government can impose restrictions on gatherings of more than one person at the same place. The court says that these boards should be removed. But what about the boards that were put up? Will those who put up such boards be punished or not? Both judges remain silent on this matter.

The court also stated that lawyers and journalists should not be prevented from carrying out their professional work. But what about the actions taken at Jantar Mantar and other places on the 10th? The court is silent again.

However, further hearings on this petition will take place on the 13th. The question is whether the Supreme Court has failed to protect the right to freedom of speech and expression as enshrined in Article 19(1) of the Constitution of India, as the government has violated that right, yet the Supreme Court does nothing immediately, despite everything happening before its eyes.

What is Section 163 of the Indian Citizens Security Code (BNSS)? Under this section, the government is empowered to impose restrictions on citizens' gatherings in the name of providing security to citizens. The question is whether this power has been misused, and the Supreme Court is currently doing nothing. The law made in the name of citizens' security is being used to curtail citizens' rights.

The most dangerous thing is that boards indicating the enforcement of Section 163 were put up inside the Supreme Court itself. Yet the Supreme Court remains silent and merely states that these boards should be removed. The violation of lawyers' rights is occurring within the Supreme Court itself, yet both judges remain silent. No one is punished immediately.

Look, government lawyers claim that the government has complied with what the Supreme Court said on the 9th and that there has been no attack on freedom of speech and expression! Everyone knows how utterly false this is. Amazing! How will Tushar Mehta, the government lawyer, see what the police have done?

If these orders of the Supreme Court are to apply to protests at Jantar Mantar, what will happen? Nothing can be said at this moment. It seems that the government has become dictatorial, and the Supreme Court is supporting it.