The Supreme Court Advocates-on-Record Association (SCAORA) has sought the intervention of Chief Justice of India Surya Kant over the reported detention of advocates by the Delhi Police amid heightened security arrangements in the national capital, urging appropriate action to safeguard lawyers’ liberty and ensure accountability for alleged police excesses.
In a representation addressed to the CJI, the Association raised concerns over reports of advocates, including Advocates-on-Record and women lawyers, being detained in the vicinity of the Supreme Court on October 10. It expressed apprehension over the circumstances surrounding the detentions and allegations of excessive force during the police operation.
SCAORA has called for the immediate release of advocates whose continued detention is not supported by law, disclosure of their whereabouts and an inquiry into the circumstances leading to the police action. It has also urged the authorities to ensure the safety and well-being of those detained and take appropriate action if any illegality is established.
The Association has questioned the manner in which the police action was reportedly carried out, including allegations that some personnel involved in the operation were not displaying identification badges. It has emphasised that measures undertaken to maintain public order must conform to statutory requirements and constitutional safeguards.
The representation further underscores the constitutional protection afforded to peaceful assembly under Article 19 of the Constitution. While acknowledging the authority of law-enforcement agencies to take lawful measures to maintain public order, the Association has stressed that such powers must be exercised within the confines of the law and without unnecessary or disproportionate interference with individual liberty.
SCAORA has urged the CJI to take cognisance of the reported incidents and facilitate appropriate intervention with the concerned authorities. Its requests include ascertaining the status and whereabouts of the detained advocates, securing their release where legally warranted and ensuring that allegations of police misconduct are independently examined.
The development comes amid heightened tensions in Delhi over planned demonstrations and police restrictions in the vicinity of the Supreme Court. The reported detentions have raised concerns regarding the balance between the enforcement of public-order measures and the protection of fundamental rights, particularly the freedoms of peaceful assembly and expression.
The allegations concerning the police action have not, however, been established through a judicial determination. Any assessment of the legality of the detentions and the conduct of the personnel involved would depend on the facts, the applicable legal provisions and the findings of an appropriate inquiry.
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