Delhi CJP Protest Row: The anti-Election Commission protest by the Cockroach Janata Party (CJP) entered the second day in Delhi on Sunday as its three lawmakers, who were detained when they reached the capital on Saturday, were released. The row over Delhi police’s role, prohibitory orders, and disruption of metro and internet services continued.

Meanwhile, the Supreme Court reiterated that illegal detentions of protesters outside the jurisdiction of prohibitory orders were not permissible and stated that normal public services and transport must be provided.

Here’s what else you need to know:

Three CJP Leaders Freed After Close to 23 Hours Detention

CJP founder Abhijeet Deepke and his party leaders Saurav Das and Ashutosh Ranka were detained when they reached Delhi on Saturday, October 10. This was after they decided to stage a demonstration at Jantar Mantar against Election Commissioner Gyanesh Kumar.

Delhi police said the three CJP leaders were put under preventive detention under sections 126 and 170 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). They were produced before the executive magistrate court in Delhi Cantonment on Sunday morning. The court then ordered their release subject to a bond of Rs 50,000 to ensure peace and good behavior for one year.

Police said the three CJP protesters submitted the bond. However, this does not necessarily mean a one-year moratorium for protests. At the same time, there is nothing to stop authorities from taking action if any of the released protesters violates the terms and conditions of the bond.

CJP leaders protested Delhi police’s illegal action and said they would continue their protests.

Leaders Say They Were Illegally Detained, Ask Why Not BJP?

The CJP protesters, at a press conference, alleged that they were illegally detained as soon as they deplaned. Ashutosh Ranka added that Delhi police had kidnapped them, and even questioned the legality of their detention.

At the same press conference, Saurav Das added that police had kept their phones with them for 24 hours. He alleged that their phones could have been tapped, cloned or planted with evidence.

Das said that police prevented them from contacting their lawyers during their detention.

In their press conference, the CJP leaders claimed that Delhi police made them prisoners and questioned the authorities on why similar actions were not taken against the rival Bharatiya Janata Party (BJP) members. However, there was no independent verification of their claims.

Abhijeet Deepke’s Grandma Dies, Says Family Was Not Able to Contact Him Timely

It was also reported that Abhijeet Deepke’s grandmother Savitribai Shankarrao Deepke died on Saturday morning in Hingoli, Maharashtra. She was 85 years old.

Abhijeet’s mother Anita Deepke alleged that her family was not able to contact him as he was in police custody. She added that if he would have been released earlier, he could have paid tribute to his grandmother at her funeral.

Abhijeet said that he was leaving for Maharashtra to pay his respects to his grandmother. On the other hand, he accused Delhi police of making the state unsafe for ordinary Indians by disrupting normal life for millions of people due to the CJP protest.

Protests by CJP continued on Sunday after the party’s call for demonstrations. Protesters gathered at Connaught Place’s inner circle and Rajiv Chowk to demonstrate against Election Commissioner Gyanesh Kumar. The protesters raised slogans demanding the Chief Election Commissioner to resign.

Police stopped the CJP protesters at various points. According to news reports, CPI(M) MP John Brittas and several student activists were also detained. Student protesters belonging to the Students’ Federation of India (SFI), All India Students’ Federation (AISF) and All India Youth Federation (AIYF) said that police personnel had hurled them on the ground. Activists produced videos from buses to show that they had injuries.

CJP’s legal adviser Ratna Singh complained about police action and asked the authorities to make public the orders for detaining the CJP protesters and the legal basis for such detentions.

Supreme Court Directs No Illegal Detention Outside Prohibitory Zones

Supreme Court heard the issues concerning police detentions, prohibitory orders and free speech in Delhi on Sunday. The court asked authorities to stop illegal detentions of protesters who do not possess any weapons. In another direction, the Supreme Court ordered that a board outside the court complex giving details of the imposition of Section 163 of the BNSS be removed so that people and lawyers are not unnecessarily restrained.

During the hearing, senior lawyers moved the court to remove barricades and resume free speech. Advocate Shadan Farasat alleged that he had been assaulted by police personnel during the CJP protests. He added that the right to free speech did not belong solely to the CJP protesters but also to all other Indian citizens. Other lawyers echoed similar sentiments.

Metro, Rail and Internet Services Must Be Maintained Normall, Says SC

The Supreme Court directed the authorities to ensure normal metro, rail and internet services as per the law and stop obstructing the free movement of people and goods unnecessarily.

The court took note of the assurance given by the government that media persons and lawyers would be able to perform their duties.

During the hearing, the Delhi Metro Rail Corporation (DMRC) was asked by the Supreme Court to file a report regarding which metro stations were closed or open on October 10.

Solicitor General Tushar Mehta, appearing for the Centre and Delhi Police, informed the court that internet services had been restored while metro stations and trains were operating normally.

According to information furnished in the court, 45 of the Metro’s 303 stations were closed on Saturday. 4,157 train services were planned to operate. The Supreme Court remarked that merely providing the number of closed metro stations was not sufficient as closure of stations at intermediate points could cause significant inconvenience to commuters.

More Than 30,000 Security Personnel Deployed Across N Delhi

Security personnel has been bolstered across the capital in view of the CJP protests. According to news reports, over 30,000 police and paramilitary personnel have been deployed in the federal territory on Sunday. Over 120 companies of central armed police forces have been mobilized to assist the Delhi Police.

New Delhi has been divided into several security zones for the purposes of monitoring and control. Checks have been tightened at Delhi’s borders, rail stations, metro stations and bus stands. Simultaneously, it was also reported that hotel guest houses and other boarding places were subjected to verification checks.

However, questions were raised about the efficacy of such extensive security cover and the inconvenience it caused to ordinary citizens. In fact, it was in this context that the Supreme Court emphasized the need to keep public transport services open for the free movement of people.

Dhruv Rathee Detained, Congress Criticizes Handling Of Protests

YouTuber Dhruv Rathee was also detained from his Gurugram residence in Sector 56 on Saturday and later released on Sunday morning.

He alleged that he was kidnapped by police personnel.

Congress president Mallikarjun Kharge also criticized Delhi police’s handling of the CJP protests. He alleged that he and party leader Rahul Gandhi had written to the Chief Justice of India in this regard.

Kharge accused the government of imposing an “unofficial Emergency” in the capital and questioned the disproportionate use of security forces in the National Capital.

Why Is CJP Protesting Election Commission?

The CJP is protesting against the Election Commission’s decision to undertake the Special Intensive Revision (SIR) of electoral rolls.

According to news reports, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised concerns on at least 14 occasions during the last ten months regarding various aspects of the SIR.

The article cited several disputed issues including the addition, deletion or restoration of people’s names from electoral rolls as well as proposed changes to form 6 regarding voters’ photo identity cards and access to data, software and other electoral rolls. Sandhu and Joshi had also questioned an order concerning allocation of work.

The Election Commission, however, has denied such allegations. It has stated that all important decisions on SIR or the revision of electoral rolls were taken unanimously by the entire Election Commission. The Commission has explained that differences of opinion and suggestions by various members are normal facets of democracy.

What Next?

CJP Protesters have stated that they will continue their protests against Election Commissioner Gyanesh Kumar. With the Supreme Court directions, legal charges against the CJP protesters and issues relating to prohibitory orders and the right to protest are at the fringes.

Moreover, with regard to the disruption of metro services, the response of the Delhi Metro Rail Corporation and the Supreme Court directions concerning normal functioning of metro and rail services are also worth observing.

It can be argued that the resolution of these issues will determine how free speech and the right to protest in the country will be interpreted vis-a-vis the maintenance of law and order as well as the free movement of citizens.