·The Hindu·15 marks·250–350 words

Discuss the role of the Supreme Court's contempt and writ jurisdiction in ensuring police accountability during public protests.

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In this answer
  1. Writ jurisdiction: setting standards
  2. Contempt jurisdiction: enforcing compliance
  3. Limitations

Under Article 32 the Supreme Court enforces fundamental rights. Under Article 129, as a court of record, it can punish contempt. The first power lets it set limits on police action during protests and the second lets it enforce them. The October 2026 petitions over detentions and a Metro shutdown in Delhi show both at work [1].

Writ jurisdiction: setting standards

  • Habeas corpus and mandamus let people detained during protests test their detention against Art. 21–22 safeguards. These include being told the grounds of arrest and being produced before a magistrate within 24 hours.
  • Proportionality test: Anuradha Bhasin (2020) held that curbs on Article 19 rights must pursue a legitimate aim, be necessary and use the least restrictive means [2].
  • Procedural discipline: Prohibitory orders (Sec. 144 CrPC, now Sec. 163 BNSS) must state material facts and be published. Repeated orders are an abuse of power [3].
  • Independent probes: In Manohar Lal Sharma (2021), the Court appointed its own expert committee instead of letting the executive investigate itself [4]. Petitioners now seek a similar independent probe into police action on journalists [1].

Contempt jurisdiction: enforcing compliance

  • Art. 129 and the Contempt of Courts Act, 1971 make defying court directions personally costly for officials.
  • Petitioners have filed contempt petitions over the Delhi detentions and shutdown, alleging breach of court directions [1].
  • Forcing disclosure: The Court requires sworn reply affidavits. It also asked the Centre to share its affidavit in advance so the hearing would be meaningful [1].

Limitations

  • Relief comes after the event: Detentions and shutdowns are usually over by the time the Court rules. Adjournments, such as the extra time the Centre got to make its affidavit "more comprehensive", reduce urgency [1].
  • Deference to the police: Courts often accept on-the-spot "public order" decisions under Art. 19(2)–(3).
  • Narrow reach of contempt: It needs a prior court order and is used sparingly.
  • Case by case: It cannot replace structural police reform.

Writ jurisdiction sets the limits of lawful policing, and contempt jurisdiction gives those limits teeth. Three steps would make this accountability routine rather than occasional: time-bound hearings on protest cases, compulsory publication of reasoned shutdown orders, and independent complaint bodies. This would protect Articles 19 and 21 and meet SDG 16's goal of accountable institutions.

Sources

  1. 1"SC gives Centre more time to reply to pleas against detentions, transport shutdown", *The Hindu* (14 Oct 2026)contempt petitions, independent-probe pleas, affidavit extension and advance sharing
  2. 2Anuradha Bhasin v. Union of India, Supreme Court judgment (10 Jan 2020)proportionality and least-restrictive-means test
  3. 3PRS Legislative Research, Monthly Policy Review, January 2020Sec. 144 orders must state material facts and be published; repeated orders are an abuse of power
  4. 4Manohar Lal Sharma v. Union of India, Supreme Court judgment (27 Oct 2021)Court-appointed independent expert committee

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