Section 163 imposed in Delhi: What it means amid protest in Jantar Mantar against CEC Gyanesh Kumar

Delhi Police has imposed Section 163 across New Delhi ahead of a proposed Jantar Mantar protest against CEC Gyanesh Kumar today. The order bars gatherings of five or more without permission, demonstrations, slogans and certain items. Security has been tightened amid expectations of a large turnout.

Delhi Police on Friday imposed prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) across the New Delhi district, ahead of the proposed protest at Jantar Mantar against Chief Election Commissioner Gyanesh Kumar. The order prohibits public gatherings of five or more people, demonstrations and other activities without prior written permission.

The police have denied permission for the demonstration, scheduled for 11 am today, on Gandhi Jayanti. The protest has been called by the All India Students’ Association (AISA), Rajya Sabha MP Manoj Jha, and Supreme Court lawyer Prashant Bhushan.

What does Section 163 say?

Under the order, public gatherings or assemblies of five or more people, processions, demonstrations, picketing and dharnas are prohibited without prior written permission.

Quick answers to key questions

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QUESTIONS

Section 163 empowers an Executive Magistrate to issue orders in urgent cases posing a threat to public safety or order, allowing temporary restrictions on public gatherings without prior written permission.

The orders were imposed to prevent public gatherings and demonstrations amid planned protests against Chief Election Commissioner Gyanesh Kumar, which the police have denied permission for.

Section 163 replaces Section 144 and allows for broader preventive measures, specifically addressing potential threats to public safety with more flexible restrictions on public assembly.

Under Section 163, public gatherings of five or more people, processions, demonstrations, shouting slogans, and making speeches are prohibited without written permission from authorities.

Yes, citizens are advised to comply with the prohibitory orders to avoid any legal repercussions and to maintain public order during the ongoing protests.

The restrictions also prohibit shouting slogans and making speeches without permission.

What is Section 163 of BNSS?

Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers an Executive Magistrate to issue written orders in urgent cases involving a potential threat to public safety or public order.

The provision replaced Section 144 of the Code of Criminal Procedure (CrPC).

It allows authorities to impose temporary preventive restrictions, including on public gatherings, when such measures are considered necessary to address an apprehended danger.

Security tightened with heavy police deployment

Additional Delhi Police and Central Armed Police Forces personnel have been deployed at Jantar Mantar and other sensitive locations in the New Delhi district, according to PTI.

Barricades have also been placed around the area to regulate movement and prevent unauthorized gatherings.

Traffic restrictions have also been announced around Jantar Mantar amid expectations of congestion.

What is protest about?

The organizers have raised concerns about electoral rolls and the ongoing Special Intensive Revision (SIR) exercise and are seeking action against CEC Gyanesh Kumar.

An earlier The Indian Express report said Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on at least 14 occasions over 10 months to certain decisions and orders, including some they said were issued without their knowledge.

Subsequently, the Election Commission rejected the suggestion of a lack of unanimity, maintaining that its three-member commission takes decisions, including those relating to the SIR exercise, unanimously.

Meanwhile, the Cockroach Janta Party (CJP), the youth-led protest movement, has also announced a demonstration in Mumbai on Friday seeking the resignation of CEC Gyanesh Kumar. Reuters reported that CJP and other student and activist groups were organizing protests on 2 October over the electoral roll revision exercise and the Election Commission.

(With inputs from PTI)

About the Author

Bhanu Pratap is a journalist who reports and writes on foreign affairs, India’s foreign policy, geopolitics and strategic affairs. He closely follows diplomatic developments in New Delhi and has a keen interest in defence and national security.<br> <br> Bhanu also focuses on in-depth, interview-based reports and regularly speaking with experts and policymakers to bring perspectives and context to major developments around the world.<br> <br> He is also interested in stories with strong humanitarian angles.<br><br> One such report examined the cases of Indian nationals who were allegedly recruited and forced into Russia’s war against Ukraine. While reporting the story, Bhanu spoke to the families of those affected and documented their experiences. The report was later taken into account by the United Nations in its findings on human rights violations linked to the war in Ukraine.<br> <br> For Bhanu, the zeal to produce meaningful and impactful journalism remains at the heart of his work.<br> <br>He has previously worked with Firstpost, NDTV, Newslaundry and Republic.<br><br> Bhanu studied at the Delhi School of Journalism, University of Delhi. He initially chose science with plans to pursue engineering, influenced by conventional expectations, but fate had other plans and eventually led him to journalism.<br><br> Beyond the newsroom, Bhanu enjoys exploring culture and history and often spends his days off on heritage walks. He is also passionate about travelling, biking and listening to folk music.<br> <br>For tips, reviews and suggestions, you can reach him at bhanu.pratap@htdigital.in.

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