Kapil Sibal, Prashant Bhushan and others marched to Jantar Mantar on 3 Oct 2026 despite Section 163 BNSS curbs

October 03, 2026

Jantar Mantar Protest: Lawyers March Despite Section 163 Curbs

वरिष्ठ वकील कपिल सिब्बल, प्रशांत भूषण, अविक साहा समेत कई वकील साथियों और युवाओं के साथ जंतर-मंतर की ओर बढ़ रहे हैं।

जंतर-मंतर पर शांतिपूर्ण विरोध लोकतंत्र में हमारा अधिकार है। पुलिस के दम पर यह अधिकार हमसे नहीं छीना जा सकता।#JantarMantarSatyagraha pic.twitter.com/O5690Hqu1U
— Yogendra Yadav (@_YogendraYadav) October 3, 2026

Updated 3 October 2026, evening IST. This is a developing story.

In short

Senior advocates Kapil Sibal and Prashant Bhushan joined activists marching to Jantar Mantar on Saturday, 3 October 2026.
Delhi Police say a Section 163 BNSS order is in force and that no permission was given.
The Indian Youth Congress has challenged the permission denial in the Delhi High Court.

What happened on 3 October?

Senior advocate Kapil Sibal, advocate Prashant Bhushan, AISA national president Neha Bora and activist Avik Saha were among those marching towards Jantar Mantar, along with other lawyers and young protesters. Activist Yogendra Yadav, who promoted the march under the hashtag #JantarMantarSatyagraha, was later seen speaking to the media from inside a police bus after being detained. nationalheraldindiasocialnews

This followed a larger day of protest on Friday, 2 October. Nearly 750 people were detained around Jantar Mantar that day, and another 400 elsewhere in Delhi. PTI put the total at nearly 1,000. Delhi Police registered at least three FIRs on Saturday over Friday's events, and no individual or organisation has been named as an accused. Activists refuse to back down, return to Jantar Mantar despite fresh detentions +2

Why are people protesting?

The protesters want Chief Election Commissioner Gyanesh Kumar to resign. They cite alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls and the mass deletion of voters. Bhushan described the protest as a citizens' protest and not a partisan one, asking people to join as citizens rather than as party representatives. dailypioneerthenewsmill

These are allegations made by the protesters. The Election Commission has said that all decisions, including those on the SIR, were taken unanimously by the three-member panel. muslimmirror

What does Section 163 BNSS allow?

Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the successor to the old Section 144 CrPC. It lets authorities issue preventive orders to maintain public order. According to the police notice, the order in New Delhi district bars unauthorised gatherings, public speeches, slogan-shouting, processions, demonstrations and dharnas. Police say they neither granted permission for a 3 October protest nor received prior intimation of it. nationalheraldindianationalheraldindia

Other measures on Friday included barricades on major roads, closure of entry and exit at 12 metro stations, and an internet suspension around the site. Telecom companies had been asked to suspend internet across New Delhi district from 9 am to 9 pm on Friday. dailypioneernationalheraldindia

What has the Supreme Court said about protests?

Two rulings are central to this debate.

Mazdoor Kisan Shakti Sangathan v. Union of India (2018): This case dealt with repeated Section 144 orders in central Delhi and a ban on protests at Jantar Mantar Road. The Court held that peaceful demonstrations to air grievances are a fundamental right under Article 19(1)(a) and 19(1)(b), subject to reasonable restrictions in the interest of public order. It treated regulation as acceptable, but not an outright ban. sci
Anuradha Bhasin v. Union of India (2020): The Court held that Section 144 cannot be used to suppress legitimate expression of opinion or the exercise of democratic rights, and that such orders must be proportionate. It also said internet suspension orders must be proportionate and must not run longer than necessary. medianamamedianama

These rulings were decided under the old CrPC. Whether and how courts apply them to Section 163 BNSS, and to the Delhi orders, is a question for the courts. That is our reading, not a settled position.

The Youth Congress petition in Delhi High Court

Indian Youth Congress president Uday Bhanu Chib has challenged a Delhi Police order dated 1 October that rejected permission for a peaceful demonstration of around 100–150 people. The petition invokes Articles 14, 19(1)(a) and 19(1)(b), and argues that the power to regulate a protest cannot be turned into a power to prohibit it. It says the rejection reached the party only on 1 October, the first proposed date of the protest, and it is likely to be heard next week. IYC chief moves Delhi HC against denial of permission for Jantar Mantar protest +2

What happens next?

The Cockroach Janta Party has announced a peaceful mass protest in Delhi on 10 October if Kumar does not resign. Meanwhile, watch the Delhi High Court hearing on the Youth Congress plea. Any ruling on how far police can restrict assemblies at Jantar Mantar could matter well beyond this protest. nationalheraldindia

FAQs

Is protest at Jantar Mantar legal?
Peaceful protest is protected under Article 19(1)(a) and (b), but it can be reasonably restricted for public order. Police permission and local orders matter.

What is Section 163 BNSS?
It is the BNSS provision that lets authorities issue urgent orders to prevent disturbance. It replaced Section 144 CrPC.

Can police suspend the internet during a protest?
Only through orders that meet the tests of legality and proportionality set out in Anuradha Bhasin, and they must be published.

Sources

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