Legal experts question grounds for Delhi protest detentions

Lawyer Nipun Saxena and former Indian Supreme Court judge Abhay Oka raised concerns about detentions during the October 10 protests. Their criticism concerned the reach of assembly restrictions and the duty to explain why someone is deprived of liberty.

The Hindu reported that Saxena challenged detentions outside the New Delhi district, where restrictions under Section 163 of India's criminal procedure code were in force. He argued that an exceptional public-order power was becoming a routine means of curbing protests.

Oka told the newspaper that the Article 22 constitutional safeguard requiring communication of grounds could not be avoided by describing a restraint as detention rather than formal arrest. His comments were a legal assessment, not a court ruling on the police operation.

Police attributed detentions to breaches of assembly restrictions. They subsequently said Sections 126 and 170 were invoked against CJP leaders Abhijeet Dipke, Ashutosh Ranka and Saurav Das. The New Indian Express reported on October 11 that the three were released after appearing before an executive magistrate. That explanation concerns the three leaders and does not establish the grounds for every detention during the protest.