Delhi crackdown: SC seeks affidavit on detentions as petitioners allege 'unimposed Emergency'

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The Supreme Court of India convened an extraordinary Sunday sitting to address widespread detentions, transport shutdowns, and civil liberty restrictions across New Delhi.

The emergency hearing in a jam-packed Courtroom 5 was called following massive demonstrations against the Special Intensive Revision of electoral rolls. Political groups, led by the Cockroach Janta Party, had demanded the resignation of Chief Election Commissioner Gyanesh Kumar over alleged voter list deletions. Senior advocates informed the bench of Justice Joymalya Bagchi and Justice V. Mohana that an estimated 6,000 to 7,000 citizens had been unlawfully detained, including four former Chief Ministers—Arvind Kejriwal, Mamata Banerjee, Pinarayi Vijayan, and Manik Sarkar—alongside opposition leaders and journalists.

Widespread detentions and city blockades

Lawyers told the court that protesters were pulled from incoming trains, detained inside landed aircraft, and picked up from street marches. Senior Advocate Menaka Guruswamy argued that citizens faced an "unimposed Emergency". Several legal practitioners reported being dragged into police vans and assaulted, while Section 163 prohibitory orders were enforced outside the Supreme Court gate itself. Senior Advocate Shadan Farasat described the atmosphere plainly: "Yesterday, we were one step away from a police state". However, counsel representing police officers countered that officers had also suffered "massive brutality" during the clashes.

State defence and court intervention

Rejecting allegations of contempt, Solicitor General Tushar Mehta maintained that Metro operations ran a full schedule of 4,157 train trips, with entry restrictions limited to 45 of 303 stations. He added that detained individuals were held briefly under statutory powers before being released, and confirmed internet access had been restored. Justice Bagchi emphasised that the judiciary protects all individuals equally, stating, "Courts are agnostic to the individual who is the subject, be it a police officer, be it a lawyer, or be it an ordinary citizen".

Next steps and ongoing proceedings

The court directed the State to satisfy three tests justifying the detentions—their circumstances, manner, and legal justification—while ordering that Metro services run normally, internet remain active, and lawyers face no hindrance in their duties. A detailed compliance affidavit with a station map was ordered by Tuesday. As legal counsel continue making submissions before the bench, the emergency hearing remains ongoing