Mass detention of Delhi protesters draws scrutiny from legal experts

Delhi protesters demanding Chief Election Commissioner Gyanesh Kumar's resignation faced mass detentions on Saturday, October 10, 2026. Legal experts questioned the basis for detaining protesters beyond New Delhi district, where Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) prohibits unauthorized public assemblies, demonstrations and protests.

CJP representatives Abhijeet Dipke, Saurav Das and Ashutosh Ranka were taken into custody after police boarded their Air India flight upon arrival in Delhi. Ratna Singh, head of CJP's legal wing, claimed police prevented her from leaving her Jangpura residence. YouTuber Dhruv Rathee was detained at a Gurugram flat. Reports indicated protesters were picked up and taken away in buses with some not informed of detention grounds, raising concerns over constitutional safeguards.

Section 163 of BNSS empowers executive magistrates to issue prohibitory orders when immediate prevention is desirable. Delhi Police claimed detentions followed violations of these orders in New Delhi. However, protestors from areas without prohibitory orders were detained, and there was no clarity on the legal authority used. Advocate Nipun Saxena criticized the increasing use of prohibitory orders to quell peaceful protests and noted the practice of detaining rather than formally arresting protesters to avoid procedural safeguards.

Former Supreme Court judge Abhay S. Oka emphasized that authorities must communicate grounds for deprivation of liberty under Article 22 of the Constitution, which cannot be circumvented by labeling it detention.