Supreme Court issues notice in plea against immunity to CEC, ECs, to hear cases Thursday
The Supreme Court on October 11 had directed the authorities to ensure that there are no illegal detentions, free and smooth movement of people is allowed, Metro services function normally, and internet services are not disrupted.
by Ashish Shaji, Somya Panwar · The Indian Express · JoinAnti-CEC Protest Supreme Court Hearing Live: The Supreme Court on Tuesday adjourned to October 15 the hearing of a batch of petitions alleging illegal detentions, restrictions on metro and train services, and assault on protesters during the protests against the Chief Election Commissioner, Gyanesh Kumar, over alleged irregularities in the functioning of the Election Commission. The Court has issued notice on a petition filed by the Association for Democratic Reforms challenging Section 16 of the Chief Election Commissioners and Other Election Commissioners Act 2023. Section 16 grants immunity to the CEC and other ECs for acts done in the discharge of their official duty.
Petitions before court: The petitions include a challenge to the closure of metro stations and cancellation of trains to Delhi in view of the protest. It also includes a plea seeking initiation of contempt proceedings against authorities for allegedly violating the October 9 order on the operation of metro and train services in Delhi amid the Cockroach Janta Party (CJP) protest. The pleas allege illegal detentions and assault on protesters. A fresh petition has also been filed by the Association for Democratic Reforms challenging the vires of Section 16 of the Chief Election Commissioners and Other Election Commissioners Act 2023.
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Previous hearing: The Supreme Court on October 11 had directed the authorities to ensure that there are no illegal detentions, free and smooth movement of people is allowed, Metro and train services function normally, and internet services are not disrupted — all subject to law and order conditions. A bench of Justices Joymalya Bagchi and V Mohana held a special sitting to hear petitions challenging the restrictions put in place, allegedly in contempt of the court’s directions to ensure there is “no complete prohibition on movement of Metro/ trains”, and the detention of protesters including political leaders.
Saying that there was a prima facie contempt case, the bench issued notices to the Centre, Delhi Police and the Delhi Metro Rail Corporation (DMRC) to file affidavits and submit compliance reports. “Having considered the submissions of the learned counsel for the parties and perused the averments in the contempt petition, we are of the opinion that the petitioners have made out a prima facie case. Accordingly, we issue notice upon the alleged contemnors. They are directed to file counter affidavit to the said petition, including a compliance report in terms of our order as aforesaid by 13.10.2026,” the bench said in its order.
Live Updates
Oct 13, 2026 12:42 PM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Court issues notice
The Supreme Court has issued notice on a petition filed by the Association for Democratic Reforms challenging Section 16 of the Chief Election Commissioners and Other Election Commissioners Act 2023. Section 16 grants immunity to the CEC and other ECs for act done in the discharge of their official duty.
Section 16- "Notwithstanding anything contained in any other law for the time being in force, no Court shall entertain or continue any civil or criminal proceedings against any person who is or was a Chief Election Commissioner or an Election Commissioner for any act, thing or word, committed, done or spoken by him when, or in the course of acting or purporting to act in the discharge of his official duty or function."
Oct 13, 2026 12:16 PM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Hearing adjourned
Supreme Court will hear all the petitions relating to the CEC protests on October 15.
Oct 13, 2026 12:09 PM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Hearing adjourned
Justice Bagchi (to a counsel): The writ petition of Dr. Guruswamy and the contempt petition of Tripathi, they are filing their counters to those. With regard to the others which have been tagged, there is some degree of overlap and definitely there are specific instances which may require a response from the state. Let us first get the first tranche of responses, thereafter, we may direct them to file additional counters.
CJI: Item 44 Mr. Gopal challenging Section 16, the vires, those matters are separately pending after notice.
Senior advocate Gopal Sankaranarayanan: There is one matter which is pending.
CJI: We are issuing notice in this matter.
Oct 13, 2026 12:07 PM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Hearing adjourned
Senior advocates Gopal Sankaranarayanan and Menaka Guruswamy request for the replies to be filed by tomorrow night.
Oct 13, 2026 12:05 PM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Hearing adjourned
SG Tushar Mehta: The affidavit and compliance report are ready. I have gone through it. If your lordships can extend it by day after tomorrow...there is a judicial order, your lordships may permit me to file it by day after tomorrow...it is ready, but I would like to make it more comprehensive.
CJI (order): Time to file compliance affidavit and response to contempt notice is extended till Thursday.
Oct 13, 2026 12:04 PM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Hearing adjourned
CJI informs that Justice V Mohana is unwell.
Oct 13, 2026 12:03 PM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Hearing adjourned
CJI: All the matters will be taken up on Thursday.
Oct 13, 2026 11:15 AM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Court hearing listed matter
The bench has begun hearing the listed matters.
Oct 13, 2026 11:07 AM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Mentioning
Senior advocate Indira Jaising mentions alleged incidents of sexual harassment faced by women journalists during the course of protests.
CJI: It will be listed...We would like some senior officer to remain present.
Oct 13, 2026 11:02 AM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Mentioning
BJP leader and senior advocate Gaurav Bhatia mentions the matter relating to yesterday's incident at the Supreme Court wherein opposition leaders had came to the court.
Court asks to mention tomorrow.
Oct 13, 2026 10:59 AM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Mentioning
Senior advocate Gopal Sankaranarayanan mentions a journalist's plea alleging contempt and requests the court to take up the matter today along with other petitions.
CJI: We will take up the matter tomorrow.
CJI: All matters can be listed once defects are cured.
Oct 13, 2026 10:56 AM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Bench assembles
The bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana has assembled. Matter to be taken up in sometime.
Oct 13, 2026 10:39 AM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Petitions connected to CEC protests
Multiple petitions have been filed before the Supreme Court, including by CPI(M) General Secretary MA Baby, Senior Advocate Menaka Guruswamy, Advocate Shailendra Mani Tripathi, RJD MP Manoj Kumar Jha, among others.
Oct 13, 2026 10:14 AM IST
Anti-CEC Protest Supreme Court Hearing LIVE: 'No illegal detentions'
The Supreme Court had earlier urged the Centre to refrain from any form of “illegal detention” and ordered the restoration of public transportation services in New Delhi. This directive came in response to numerous detentions during protests organised by the Cockroach Janta Party (CJP), the INDIA bloc, and several other groups demanding the resignation of Chief Election Commissioner Gyanesh Kumar. These protests followed an investigation by The Indian Express that revealed internal conflicts within the Election Commission and irregularities in the Special Intensive Revision of electoral rolls.
Oct 13, 2026 10:06 AM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Petition alleging police brutality on protesters
During a mentioning yesterday before the Supreme Court, Senior advocate Gopal Sankaranarayanan had said that the “bench will come to the rescue of the bar and will come to the rescue of the citizens of this country and send a strong message to the police”. Appearing before the bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana, Sankaranarayanan referred to an incident related to Senior Advocate Shadan Farasat and said the latter was “dragged on the streets” during the peaceful protests against Chief Election Commissioner Gyanesh Kumar.
Oct 13, 2026 10:03 AM IST
Anti-CEC Protest Supreme Court Hearing LIVE: Petitions relating to anti-CEC protests
A bench headed by Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana will hear petitions alleging illegal detentions, restrictions on metro and train services, and assault on protesters during the protests against the Chief Election Commissioner, Gyanesh Kumar, over alleged irregularities in the functioning of the Election Commission. The bench will also take up a plea seeking initiation of contempt proceedings against authorities for allegedly violating the October 9 order on the operation of metro and train services in Delhi amid the Cockroach Janta Party (CJP) protest.
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