Supreme Court Orders Delhi to Remove Barricades, Restore Public Movement

The Supreme Court intervened on Tuesday to order the removal of barricades and restoration of free movement across Delhi, directing authorities to cease restrictions that had been implemented under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

A bench comprising Justices Joymalya Bagchi and V Mohana issued the directive during a special sitting, finding that the restrictions lacked adequate justification and were imposing unnecessary constraints on public access. The court expressed concern that the preventive detention provisions of the new criminal procedure code were being applied too broadly without sufficient grounds.

The ruling requires Delhi authorities to immediately withdraw the security measures that had cordoned off various areas of the city. The bench noted that while maintaining public order and safety is important, such restrictions must be proportionate and not unduly impede citizens' constitutional right to free movement.

This decision marks a significant judicial intervention in the implementation of the BNSS, 2023, which replaced the Indian Penal Code and Code of Criminal Procedure. The court's order underscores the judiciary's role in ensuring that new legislative provisions are not misused to impose sweeping restrictions on fundamental freedoms.