The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) on Saturday, 10 October wrote separately to Chief Justice of India (CJI) Surya Kant, seeking his urgent intervention after advocates — including senior lawyers, young lawyers, and women advocates — were reportedly detained during a protest in New Delhi against Chief Election Commissioner (CEC) Gyanesh Kumar. Both Bar bodies raised concerns over the alleged use of excessive force against protesters near the Supreme Court premises.

What the Bar Bodies Alleged

In its formal resolution, the SCBA condemned what it described as the use of excessive force against advocates who were peacefully participating in the protest. 'The Association has been informed that many advocates have been detained,' the resolution stated. The SCBA called on CJI Kant to take up the matter urgently with the concerned authorities, ensure the whereabouts and safety of every detained advocate were ascertained, and secure their immediate release where no lawful grounds for detention existed.

The resolution, signed by SCBA Honorary Secretary Pragya Baghel, also sought an examination of the circumstances surrounding the detentions and the reported use of force, with appropriate action in accordance with law.

SCAORA Invokes Article 19, Flags Badge-Less Officers

SCAORA's urgent letter petition raised an additional concern: police officers involved in the detentions were allegedly not displaying their identification badges. 'SCAORA is deeply concerned about reports of the detention of members of the Bar, including senior and young advocates and women advocates from outside Supreme Court premises by Police officers not displaying their badges,' the letter stated.

Invoking Article 19 of the Constitution, the association asserted that the right to express grievances and assemble peacefully is a fundamental right, subject only to reasonable restrictions imposed by law. It urged the CJI to direct authorities to ensure that no excessive or disproportionate force was used, and that all police action remained strictly within legal bounds.

SCAORA also sought the immediate disclosure of the whereabouts of every detained lawyer, protection of their safety and well-being, and access to legal assistance and family members.

CJI Intervenes, Lawyers Released

Following the two representations, SCBA President Pradeep Kumar Rai confirmed that the detained lawyers had been released after CJI Kant's intervention. 'We are grateful to the Hon'ble Chief Justice of India for his timely intervention and for directing the immediate release of the lawyers. His intervention is deeply appreciated,' Rai said in a post on social media platform X.

Rai also said he had spoken to Deputy Commissioner of Police Sachin Sharma, who assured him that, according to information available to him, no lawyer had been detained — and that if any lawyer remained in custody, they would be released immediately upon the details being provided.

'We are informed that all the lawyers have now been released. However, if any lawyer is still in custody or detention, their name and details may kindly be shared with us immediately so that the matter can be taken up,' Rai said.

Context and Broader Implications

The protest centred on Chief Election Commissioner Gyanesh Kumar, whose tenure has drawn attention from Opposition parties and civil society groups on questions relating to electoral oversight. The detention of advocates — officers of the court — during a demonstration near the Supreme Court premises has lent the episode unusual constitutional gravity, coming at the intersection of the right to protest, the independence of the legal profession, and police conduct.

Notably, both Bar associations were at pains to frame the episode not as a partisan political statement but as a professional and constitutional matter, emphasising that 'lawyers must be able to discharge their professional duties without fear or intimidation.'

What Happens Next

With the immediate crisis resolved, attention will turn to whether the CJI takes any formal cognisance of the circumstances surrounding the detentions and the reported conduct of the police officers involved. SCAORA has explicitly sought accountability for any action found to be unlawful. Both associations have urged authorities to ensure that no such incident recurs, and that the dignity, safety, and professional independence of the Bar are respected going forward.