Breach of peace a ‘ploy’ to make detentions, says plea in SC

A demonstrator holds a poster after being detained during a protest march, demanding resignation of Chief Election Commissioner (CEC) Gyanesh Kumar, amid a demonstration organized by Justice Morcha, in New Delhi, on October 17, 2026. | Photo Credit: PTI

The Supreme Court has agreed to hear academician and columnist Apporvanad Jha, who has submitted that equating the right of peaceful protest with a breach of peace is unwarranted and a ploy by the Central government and the Delhi Police to make preventive detentions.

The written submissions were filed additionally as part of a criminal writ petition moved by Mr. Jha, represented by senior advocate Nitya Ramakrishnan and advocate Akriti Chaubey, which challenged the legality of prohibitory orders issued by the authorities under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

A Bench headed by Chief Justice of India Surya Kant has agreed to list the writ petition along with others for hearing on November 19. Ms. Ramakrishnan said in court on October 15 that the submissions were backed by documentary proof placed on record.

If every call for a peaceful protest is considered a breach of peace by the authorities, no citizen can ever exercise the right of public demonstration, Mr. Jha submitted.

“Breach of peace is a state of affairs when a violent act or other criminal act is imminent,” Mr. Jha contended in additional submissions, detailing specific instances of preventive detentions, including that of minors by the Delhi Police, some of which span 24 hours.

The submissions said these detentions happened during the protests demanding the resignation of Chief Election Commissioner Gyanesh Kumar.