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VOL. I · EST. 11.2025 
SatyaDheesh
सत्याधीश
India's Ground Truth Record
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Supreme Court directs Union government to explain mass detentions during Gyanesh Kumar protests

GS2Polity · Governance · IR· Fundamental rights, DPSP & duties· Prelims + Mains·

Judicial review of prohibitory orders and right to protest: a GS2 Polity and Fundamental Rights case study.

Why in news

The Supreme Court directed the Union government to explain prohibitory orders under S. 163 BNSS that led to mass detentions during October 10 protests against Gyanesh Kumar.

Background

The Supreme Court, led by CJI Surya Kant, ordered the preservation of CCTV footage and sought an affidavit on Section 163 BNSS orders. The court also addressed a petition regarding the denotification of Jantar Mantar to distance dissent from power centers.

Facts for Prelims

  • Act / BillSection 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, relates to prohibitory orders.
  • BodyThe Supreme Court of India directed the Union government to provide an affidavit on the legality of mass detentions.
  • PlaceJantar Mantar was denotified by authorities following an expert opinion, not a direct Supreme Court order.

Prelims practice question

With reference to the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, consider the following statements:

  1. The Supreme Court ordered the denotification of Jantar Mantar.
  2. Section 163 of the BNSS relates to prohibitory orders.
  3. The Supreme Court directed the Union government to provide an affidavit on mass detentions.

Which of the statements given above is/are correct?

  1. (a)1 only
  2. (b)2 only
  3. (c)2 and 3 only
  4. (d)1, 2 and 3
Show answer

Answer: (c) 2 and 3 only — Statements 2 and 3 are correct. Statement 1 is incorrect: Jantar Mantar was denotified by authorities following an expert opinion, not a direct Supreme Court order.

For Mains

Q. Examine the constitutional validity of using prohibitory orders to restrict public assembly and the role of the judiciary in ensuring the right to protest.

Dimensions to cover in your answer

  • Judicial oversight: Balancing state security measures with the fundamental right to peaceful assembly and freedom of movement.
  • Transparency gap: Lack of public disclosure of prohibitory orders leading to allegations of 'ghost' orders.
  • Spatial politics: The impact of denotifying protest sites like Jantar Mantar on the democratic right to dissent.

Keywords: Fundamental Rights · Prohibitory Orders · Judicial Review · Right to Protest · BNSS 2023

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