Questions over publicly unavailable prohibitory orders amid Delhi protest detentions

This week, protesters in Delhi demanded the resignation of Chief Election Commissioner Gyanesh Kumar over alleged electoral irregularities, leading to questions over the Delhi Police's public availability of Section 163 prohibitory orders. These orders empower an Executive Magistrate to issue written restrictions when immediate prevention of danger to human life or safety is necessary.

A Section 163 BNSS order issued on August 23 by Assistant Commissioner of Police Ajay Sharma showed restrictions were confined to Parliament Street police sub-division, excluding Jantar Mantar Road. The order, in force until October 21, banned assemblies of five or more people, public meetings, processions, and speeches. However, protesters were detained outside the Parliament Street sub-division, including at Connaught Place and around Jantar Mantar, despite barricades and police presence.

The Delhi Police refused to confirm if Section 163 orders for other sub-divisions or Jantar Mantar area had been made public. Former Supreme Court judge Abhay S. Oka stated that making prohibitory orders publicly available is necessary to satisfy the statutory right under Section 163(5) of the BNSS, which allows aggrieved persons to seek rescission or alteration of orders.

Advocates argue that the lack of public access to such orders is not new, citing a 2023 report that flagged the Delhi Police's routine failure to disclose these orders. Former IPS officer R.K. Vij emphasized that police authorities must issue and upload such orders on their websites to inform the public of restrictions and their precise terms.