Kapil Sibal accuses government of attempting to capture Supreme Court
- Kapil Sibal alleged the government is attempting to capture the Supreme Court.
- Sibal expressed strong faith that the apex court will remain independent.
- The government was criticized for denotifying Jantar Mantar as a protest site.
- Sibal highlighted economic distress and unemployment as reasons for eroding public faith.
- Legal challenges against BNSS Section 163 restrictions are headed to the Supreme Court.
Rajya Sabha MP and senior advocate Kapil Sibal accused the Modi government of attempting to "capture" the Supreme Court during a press conference held on Saturday, 17 October 2026. Sibal stated that the Supreme Court is the one institution the government has not yet been able to capture.
He expressed confidence that the Supreme Court will protect the citizens' right to protest. Sibal further asserted his belief that the government will not succeed in its efforts to control the judiciary.
Sibal accused the government of hypocrisy, claiming that it promotes democratic values and freedom of speech abroad as "Vishwaguru" while simultaneously throttling these same freedoms within India.
Denotification of Jantar Mantar restricts protest rights
Kapil Sibal criticized the government for its decision to denotify Jantar Mantar as a designated protest site during his online press conference on Saturday, 17 October 2026. He claimed that the current situation in the country has effectively made the act of protesting a "crime".
The government has directed individuals to use Ramlila Maidan for demonstrations instead of Jantar Mantar. Sibal argued that holding protests at Ramlila Maidan is impossible due to the ongoing Dussehra festivities.
Constitutional right to protest versus BNSS restrictions
Sibal referenced Article 19(1) of the Constitution, noting the right to protest is subject to reasonable restrictions regarding state security and public order. He argued that the right to peaceful protest is a fundamental right that cannot be curtailed without these constitutionally permissible grounds.
Sibal questioned the imposition of prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in Delhi. He asked authorities to establish why such restrictions were necessary. While acknowledging the right to protest is subject to reasonable restrictions, Sibal questioned why young people seeking to protest are being treated differently.
Allegations of institutional capture since 2014
Sibal alleged the Union Government has pursued a strategy of capturing institutions including the media, universities, and governors since 2014. Livelaw.in reported Sibal alleged the government has already taken control of various institutions, including the media.
Sibal claimed the government first took control of the media to prevent ground-level news from reaching the public, which led to social media emerging as an alternative source of information. He accused the government of attempting to influence institutions, undermine people's voting rights, and capture the voter list.
Sibal alleged the voters' list was manipulated in 2024 due to centralized electoral systems. He also questioned the government's support for Chief Election Commissioner Gyanesh Kumar.
Economic distress and eroding public faith
Sibal claimed that public faith in the government has eroded due to huge unemployment, economic troubles, and reduced public investment. He stated that the sooner the government leaves office, the better it would be for the country.
He warned that the pressure cooker is going to burst one of these days.
Global comparison of protest space management
Sibal compared India's protest restrictions to cities like New York, London, and Paris, which have designated central spaces for demonstrations near important government institutions.
He cited Union Square and Greenwich Village in New York, and Parliament Square, Speaker's Corner, Trafalgar Square, and Whitehall in London as examples. He also noted the Bastille, Concorde, and Trocadero as designated protest zones in Paris.
Reports of violence and transport restrictions during protests
Sibal alleged that violence during a previous protest at Jantar Mantar was caused by outsiders, citing a truck carrying stones. He claimed that unidentified people and police personnel in plain clothes perpetrated violence, including dragging and lathi-charging protesters and assaulting women.
Sibal claimed that previous demonstrations at Jantar Mantar were peaceful, as was the Jantar Mantar 2.0 event on 10 October. A procession led by Rahul Gandhi and INDIA bloc partners towards the Supreme Court was also peaceful.
Sibal alleged that the government imposed restrictions on transport services during protests, including the suspension of Metro services and restrictions on trains entering Delhi.
Legal challenges moving to Supreme Court
Sibal spoke at a press conference regarding the government's response to recent protests against Chief Election Commissioner Gyanesh Kumar and the SIR.
Regarding the pleas challenging the legality of the prohibitory orders, Sibal stated that they will discuss this in the Supreme Court.
Frequently Asked Questions
- Government Trying To 'Capture' Supreme Court, Have Complete Faith It Won't Happen: Senior Advocate Kapil Sibal (livelaw.in)
- ‘Protesting Is Now a Crime’: Sibal Slams Government (deccanchronicle.com)
- 'Right to protest has become a crime': Sibal slams govt (english.metrovaartha.com)
- Kapil Sibal protest curbs | Kapil Sibal accuses Narendra Modi government of throttling dissent, says protest has become a ‘crime’ - Telegraph India (telegraphindia.com)
- 'Right To Protest Has Become A Crime': Sibal Slams Govt (etvbharat.com)
- 'Right to protest has become a crime': Sibal slams govt (dtnext.in)
- Government Trying To 'Capture' Supreme Court, Have Complete Faith It Won't Happen: Senior Advocate Kapil... (livelaw.in)
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