Delhi protests against CEC: What the law says about preventive detention | Explained
Following mass detentions of protesters in Delhi, this article explains the legal framework surrounding preventive detention in India. It details the powers granted to authorities under the National Security Act and the BNSS to maintain public order.
Why it matters
The piece provides essential context on the legal mechanisms used by the state to manage civil unrest and protests.
The story so far: Several activists and students were among the over 5,000 protestors detained by the Delhi Police, as they tried to reach Jantar Mantar for the protest demanding the resignation of Chief Election Commissioner Gyanesh Kumar and a rollback of the SIR. In the lead up to the protests in Delhi, there was a nationwide crackdown on protesters by the police force. Among those detained and brutally manhandled by the Delhi police were leaders of various political factions, former Chief Ministers, the Leader of the Opposition, lawyers, journalists and reportedly people who were not even part of the protest. Police detained people at representatives' residences even before the protest started, and en route to the protest site. However, the Supreme Court on Sunday (October 11, 2026) directed the Centre and the Delhi Police to ensure free movement of people ‘subject to law and order’.
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