The Supreme Court Advocates-on-Record Association (SCAORA) has approached the Supreme Court seeking an independent, impartial and time-bound inquiry into the alleged illegal detention and manhandling of lawyers by Delhi Police during a protest against Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision (SIR) of electoral rolls on October 10.

The writ petition, filed through SCAORA Secretary Yugandhara Pawar Jha, alleges that several advocates, including senior lawyers, women advocates and Advocates-on-Record, were detained and subjected to excessive force while participating in a peaceful protest march near the Supreme Court.

The association has sought directions to identify the police personnel involved, preserve evidence relating to the incident and initiate appropriate action against those found responsible in accordance with law.

According to the plea, Delhi Police personnel intercepted the protesting lawyers and took them to the Yamuna Sports Complex in Surajmal Vihar, New Delhi. Advocates-on-Record Pyoli and Shashank Raj Singh were among those detained.

The petition refers to video footage allegedly showing Senior Advocate Shadan Farasat being carried by his arms and legs by police personnel, during which his shirt was torn. It further alleges that women advocates, including Anna Oomen and Anne Mathew, were manhandled by women police personnel who were not displaying name tags. The plea also states that an advocate sustained an injury resulting in a dislocated shoulder.

SCAORA has argued that the maintenance of public order cannot justify arbitrary detention or the disproportionate use of force. It contends that police action must comply with the constitutional guarantees under Articles 14, 19 and 21 of the Constitution.

“The right to assemble peacefully and express dissent cannot be rendered illusory by the indiscriminate use of force or by action that intimidates participants and discourages the exercise of constitutionally protected freedoms,” the plea states.

The petition has been filed a day after lawyers protesting against the Chief Election Commissioner and the SIR exercise were detained by Delhi Police near the Supreme Court on October 10. The Supreme Court Bar Association subsequently sought the Chief Justice of India's intervention over allegations that lawyers, including women advocates, had been manhandled.

On October 11, during a special Sunday sitting, the Supreme Court directed that lawyers, journalists and other professionals should not be obstructed from performing their duties. The Court also issued directions concerning restrictions on public transport, internet services and movement across Delhi amid the protests.

SCAORA Seeks Preservation Of CCTV Footage, Police Records

The association has sought directions for the preservation and production of all evidence relating to the incident, including CCTV footage, police body-camera recordings, drone footage, photographs, detention registers, deployment records and electronic communications.

According to the plea, the material is necessary to reconstruct the sequence of events and determine whether the police action was lawful and proportionate. It warns that failure to preserve the evidence could hamper an effective inquiry and frustrate efforts to identify those responsible.

The petition has also sought disclosure of the legal authority and justification for collecting, recording, storing, identifying, circulating and using photographs and video recordings of lawyers and other participants in the protest.

SCAORA contends that the use of recording equipment during a protest, even for legitimate law-enforcement purposes, must have lawful authorisation and remain restricted to legitimate objectives.

Concerns Over Internet Restrictions And Access To Justice

The plea also raises concerns over the alleged internet shutdowns and disruption of internet services on October 10. It argues that such restrictions can obstruct access to courts, virtual hearings, the filing of pleadings and communication between advocates and their clients.

“Advocates occupy an indispensable position in the administration of justice and must be able to discharge their professional functions without unlawful interference, intimidation or coercion,” the petition states.

It further argues that police action obstructing access to courts, impeding legal representation or interfering with legal aid prejudices not only the advocates concerned but also the administration of justice and the rights of litigants who depend on their representation.

The association has sought directions to ensure that restrictions on internet and telecommunication services do not arbitrarily interfere with court proceedings or access to justice.

SCAORA has also sought protection against retaliation, intimidation, harassment or coercive action against advocates solely for participating in peaceful protests or expressing lawful professional grievances.

The petition has been filed by Advocate-on-Record Anas Tanwir.