By Dr. Gyan Pathak
Socio-political situation in India is worsening faster than anyone can handle it, even the Judiciary, which is seen as moving at comparatively slower pace in delivering justice in the fight between competing interests. “We hope better sense will prevail on everyone,” said Chief Justice of India (CJI) Surya Kant today October 16, 2026, though his bench refused urgent hearing and gave no direction to anyone, except directing the matter to be listed on October 26 or 27, after its Dussehra vacation. It indicates the complexity of the emerging situation, that is worsening faster than anyone could have imagined.
New Delhi Municipal Council (NDMC) has issued notification on October 15 for closure of Connaught Place Central Park on October 16 and 17. The notification came hours after Delhi High Court refused to stop Cockroach Janata Party (CJP) protest “Wave the Tricolour” (National Flag) there on October 16 as a mode of anti-CEC protest, but ordered police to regulate, to which police agreed. Now Delhi police quoting NDMC closure notification says they will allow only 11 people to carry the national flag and sing the national anthem as supposed by the concerning law of the national flag.
CJP’s founder Abhijit Dipke had given the call “Lahara Do Tiranga” (Wave the Tricolour) at the Central Park, in protest against denotification of Jantar Mantar on October 13, as designate place for protest. CJP had given call for protest at Jantar Mantar on October 10, but the Modi led government closed venue for protest after security lockdown of the entire Central Delhi, and thousands of protestors were detained from across Delhi preventing them to reach Jantar Mantar. Police used even brute force against the protesters who were demanding removal or resignation of CEC Gyanesh Kumar alleging that he committed vote theft for Modi helping him win elections. On October 13, two of CJP leaders Saurav Das and Ashutosh Ranka, and sent them to Tihar Jail under five-days judicial custody on allegation of their going to the Jantar Mantar protest site with national flag and protesting there. Since, there is no designated place of protest near the seat of power in New Delhi, Dipke called for Lahara Do Tiraang protest and asked citizens to come in large number at the Central Park.
This episode of suppressing “right to protest” by the Modi government can be understood by even very dull minded person, but the scheming government is doing whatever it wants to. INDIA bloc, youth and students organisations, and CJP has vowed to reclaim the Jantar Mantar as protest site.
There are several other competitive interests apart from the opposition political parties, and the 13.3 crore people whose name are struck off the electoral roll under the ongoing SIR process. In West Bengal everyone saw how before election names were deleted and after election name are being added after adjudication because their names were illegally deleted to prevent them to vote. BJP won the election. Out of adjudicated 93 per cent were found to be valid voters whose names were deleted. There are several such incidents which INDIA bloc calls vote theft. All are protesting against CEC Gyanesh Kumar, and demanding his removal and stop the process that disenfranchised voters in millions helping BJP win in elections.
However, as the things stand today, Modi government has even snatched the peoples’ right to protest near the seat of power. There are other competing interests such as traders and small business people whose livelihoods are at stake due to security lockdown and the large number of protesters on road.
Hearing a petition on behalf of traders and small businesses, the Supreme Court expressed that “better sense will prevail” among everyone stressing the need to balance the right to protest with the livelihoods of small traders and daily-wage earners. The court also warned that they could pass orders if restrictions linked to protests disproportionally affect businesses and livelihoods.
On October 15, Supreme Court heard a bunch of petitions filed by several persons and organisations, and passed several orders. It has been hearing petitions in the matter of SIR for above a year, and in the light of new evidences emerged about the “illegal” and “unauthorized” actions of CEC, serious concerns have cropped up, since publication of Indian Express report on September 23. The current agitation started from October 2.
CJI led bench sought response from ECI, CEC, Centre, and even certain petitioners to explain their conducts. The issuance of notices is significant development, since it subjects the voter-list revisions and the ECI’s decision-making process to further judicial scrutiny.
Notices issued on the petitions filed by LoP in the Lok Sabha Rahul Gandhi and others will have several implications on the accountability of Election Commission, transparency in the SIR process, protection of eligible voters, the constitutional independence of ECI, and public confidence in elections.
However, the Supreme Court will have to deliver judgement faster than the speed of worsening of the socio-political conditions in the country. Electoral democracy in India is at stake, and the country has to secure it, before it is too late. (IPA Service)
