Overview
Protesters demanding the resignation of Chief Election Commissioner Gyanesh Kumar have been detained across Delhi. The controversy centres on the Delhi Police’s failure to publish the Section 163 prohibitory orders that are said to be in force. These orders limit assemblies, processions and slogan‑shouting, but the public cannot see their exact terms or duration.
Key Developments (Oct 2026)
- On 23 August 2026, Assistant Commissioner of Police Ajay Sharma issued a BNSS order restricting gatherings in the Parliament Street police sub‑division, but exempting a demarcated stretch of Jantar Mantar Road.
- On 3 Oct 2026, the Deputy Commissioner of Police (DCP) posted on X that Section 163 orders are in force across the New Delhi district, without attaching the actual orders or stating their expiry.
- Protesters, including opposition leaders and journalists, were detained in Connaught Place on 11 Oct 2026 despite the lack of a publicly available order for that area.
- Jantar Mantar, recently de‑notified as a protest site, saw barricades on Firoz Shah Road on 14 Oct 2026 when activists tried to march there.
- Former Supreme Court judge Abhay S. Oka and senior advocate Abhinav Sekhri warned that non‑publication violates the statutory right to challenge such orders.
- A petition by B.Tech student Samriddhi Das has been listed before the Supreme Court for 15 Oct 2026, alleging that the police deliberately withheld the order affecting Jantar Mantar.
Important Facts
- The August 23 order bans assemblies of five or more persons, public meetings, processions, slogan‑shouting and speeches until 21 Oct 2026 in the specified sub‑division.
- Police hoardings near the Delhi‑Uttar Pradesh border announced a prohibitory order but omitted the issuance date and expiry.
- Legal experts note that Section 163(5) obliges authorities to publish orders so that aggrieved persons can seek modification or cancellation.
- Previous research (2023) highlighted a pattern of Delhi Police re‑issuing “cyclostyled” orders after the two‑month statutory limit expires, thereby extending restrictions without fresh justification.
Exam Relevance
Understanding this issue helps aspirants in multiple GS papers:
- GS 2 (Polity): The balance between executive power to maintain public order and the constitutional right to peaceful assembly.
- GS 1 (History & Geography): Jantar Mantar’s historical role as a public space for dissent.
- GS 4 (Ethics): Ethical considerations of transparency, accountability, and the rule of law in policing.
- GS 3 (Economy): While not directly economic, disruptions to public order can affect market confidence and administrative efficiency.
Way Forward
- Police must upload the full text of all Section 163 orders on their official website, with timestamps, to satisfy the statutory mandate.
- Judicial scrutiny by the Supreme Court should clarify the procedural requirements for issuing and publishing prohibitory orders.
- Legislators may consider amending the BNSS to enforce stricter timelines for public disclosure and to mandate periodic review of restrictions.
- Civic groups should use the RTI to obtain copies of orders and challenge them in courts where necessary.