A Delhi court has granted bail to 17 students and journalists arrested during a protest at Jantar Mantar against Chief Election Commissioner Gyanesh Kumar, observing that peaceful protest is a right but that assaulting police officials on duty cannot be permitted under its garb.
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New Delhi: A Delhi court at the Patiala House Courts on Monday (October 5) admitted to bail 17 students and journalists who were arrested during a protest at Jantar Mantar against Chief Election Commissioner Gyanesh Kumar, in cases registered for alleged violation of prohibitory orders and alleged assault on police personnel.
The orders were passed late in the evening by Duty Judicial Magistrate First Class Animesh Kumar. The names of the accused have not been reported.
The allegations
As reported, FIRs were registered under Sections 223, 132 and 190 of the Bharatiya Nyaya Sanhita, 2023 (BNS), including for alleged disobedience of an order promulgated by a public servant, with the police relying on prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) against gatherings of five or more persons in the New Delhi district. It was also alleged that police officials were assaulted, with an injury recorded in a Medical Legal Certificate. These are allegations. They are untested, the accused are presumed innocent, and this report expresses no view on the merits of the cases.
‘Peaceful protest is a right’
The Court acknowledged the right to peaceful protest but made it clear that violence against police officials is a serious matter:
“assaulting police officials on duty is serious concern which cannot be permitted under the garb of peaceful protest.”
At the same time, the Court noted that most of the offences were bailable, and that Section 132 of the BNS carries a maximum punishment of two years’ imprisonment. Granting bail, it observed:
“They have their entire career lying ahead. Therefore, considering the facts and circumstances of the case, the accused persons are admitted to bail….”
Jantar Mantar Bail: Background
The protests have followed a report of September 23 in The Indian Express on objections said to have been recorded by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi to certain decisions of the Chief Election Commissioner on electoral roll procedures. Those are contentions in the public domain and the issues are before the Supreme Court in separate proceedings. The position of the Chief Election Commissioner on the protests is not part of the order reported here, and the bail conditions imposed have not been reported.
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Court: Duty Judicial Magistrate First Class Animesh Kumar, Patiala House Courts, New Delhi
Date of Order: October 5, 2026
Offences alleged: Sections 223, 132 and 190 BNS; prohibitory orders under Section 163 BNSS