Any peaceful protest in areas where Section 163 is not in force will be allowed, say police

Detained protesters on Sunday. (Express photo by Gajendra Yadav)

The Delhi Police will continue to assess the law and order situation before acting against gatherings in areas where prohibitory orders are in force, a senior officer said on Sunday, following the Supreme Court’s ruling setting limits on detentions in areas where prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is not in force.

Section 163 of BNSS empowers authorities to issue orders to prevent potential disturbances.

“We are allowing people to move and, even in areas where Section 163 of the BNSS is in force, we let people operate peacefully. But, as the Supreme Court said, we take cognisance of the law and order situation and then act accordingly. Any peaceful protest in areas where Section 163 is not in force will be allowed,” the officer said.

The SC also said that Metro and rail services shall function undisturbed unless they are required to be regulated under “reasonable restrictions”. Also, there should be no illegal detention, particularly of peaceful and unarmed assemblies in areas where Section 163 is not in force.

A detainee on way to a holding centre. (Express photo by Gajendra Yadav)

The verdict came on petitions alleging illegal detentions and seeking contempt action for wilful disobedience of the court’s October 9 directive, which said restrictions on Metro services should not inconvenience ordinary commuters.

The ruling comes amid continued police action against flash protests in Central Delhi, where several people were detained on Sunday. The court’s observations distinguish between areas where Section 163 is in force and those where it is not.

On Sunday, unlike Saturday, police were not checking every vehicle moving within a 10-km radius of Jantar Mantar. Traffic had also eased on roads such as Kasturba Gandhi Marg, Minto Road and Vande Mataram Marg.

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However, streets around Palika Bazaar and Hanuman Mandir, including Baba Kharak Singh Marg and Connaught Place’s inner circle, remained deserted. Nobody without an ID card was allowed in.

One direction remained the same: anyone part of a group of five or more in the New Delhi area will be detained.

“We can’t lay siege to the city every day, of course. But anyone organising a protest here will be detained,” a senior officer told The Indian Express.