On October 15, a bench led by Chief Justice Surya Kant took up the joint petition filed by Rahul Gandhi and INDIA bloc leaders. The petition has two limbs - electoral and constitutional.
First, it challenges Delhi's Special Intensive Revision where 47.5 lakh electors were struck off as uncollectable and 33 lakh flagged for logical discrepancy or missing link to 2002 rolls. Counsel Kapil Sibal argued that speed - 16 lakh notices disposed in 12 days after portal was simplified on September 26 - shows BLO satisfaction letter replacing
personal hearing dilutes natural justice.
Second, it challenges preventive policing around October 11 - 45 metro stations shut, prohibitory orders across Central Delhi, internet snapped in pockets to block Cockroach Janta Party and Opposition march demanding resignation of CEC Gyanesh Kumar.
Read more - Delhi Police Kills Jantar Mantar
The CJI, who earlier wrote to Gandhi that discussing pending cases would violate separation of powers, clarified that court will not meet politicians on SIR merits, but will examine right to protest. "Protest at designated place is to be facilitated, not banished," the bench orally observed, referring to its 2020 Shaheen Bagh and Ramleela judgments.
For Centre, the case is awkward. SIR was meant to be technical roll cleaning before Assembly polls. It has become national politics - Mamata, Akhilesh, Tejashwi on same road. Delhi Police's October 13 standing order denotifying Jantar Mantar and shifting protests to Ramleela (Rs 1.05 lakh for a day), Burari and CBD Grounds 20+ km away is now part of petition.
BJP says Congress invents vote chori to hide defeats. But CEO data - 34% flagged rate in a migrant city - makes question of disenfranchisement real. If final roll on December 4 deletes lakhs, courts will be flooded with Section 22 claims.
The bench issued notice to MHA and ECI, posted next hearing to October 22. It asked Delhi Police to file SOPs for protest sites and data on detentions since October 10.
Read more - Tiranga Becomes Flashpoint
If court lays down that blanket city-wide 163 BNSS orders are impermissible and that Jantar Mantar cannot be erased without alternative within earshot of Parliament, it will reset protest jurisprudence for Lutyens.
Tags: #SupremeCourt #SIR #JantarMantar #BNSS163 #RahulGandhi #CEC #ElectoralRolls #RightToProtest #CJI #DelhiPolice