The Supreme Court of India on Friday (October 9, 2026) said the right to association and protest peacefully is a fundamental right of every citizen while reacting to a mention by senior lawyers of the apex court about the unprecedented “shutting down” of the national capital a day ahead of the CJP protests for the resignation of Chief Election Commissioner Gyanesh Kumar on October 10.
“What is happening in my country? Can we not protest peacefully anymore? Mr. Sibal asked the Supreme Court. The court asked the lawyers to get in touch with the protestors and verify if they had provided the police with the necessary details and sought permission. Baby, has also moved the Supreme Court, highlighting the cancellation of trains, closure of guest homes, internet shutdowns and stopping students and youth from coming to Delhi to exercise their right to peaceful dissent. Justice Bagchi stressed that freedom of association is indeed a fundamental right, but it had to be verified whether permission for the protest had been obtained. Ms. Ramakrishnan asked the court whether it was legal for the police to go from home to home, guest house to guest house, cautioning people against participating in the protest.
The senior lawyers said a Youth Congress plea in the Delhi High Court on the issue has been adjourned to October 12.
The judge said whether the “broad spectrum” measures taken by the police were disproportionate to what was required to keep the protest safe on October 10 needed to be looked into. The lawyers said the CPI(M) party general secretary, M.A. They said the court was the final arbiter of citizens’ rights, and must intervene. The judge said that if not, the protest may prove to be illegal.
