Delhi Police's Protest Site Decision Sparks Legal Debate: What’s Next for IYC?
Delhi High Court Hears Protest Site Controversy
On Tuesday, the Delhi Police informed the High Court that the decision to remove Jantar Mantar as an official protest location was made following directives from the Supreme Court.
During the hearing led by Justice Amit Mahajan, Additional Solicitor General Chetan Sharma represented the police while addressing a petition from the Indian Youth Congress (IYC). The IYC is seeking approval to protest against Chief Election Commissioner Gyanesh Kumar, citing alleged irregularities in the Special Intensive Revision (SIR) process.
Sharma argued that since the police have designated Ramlila Maidan, Burari Ground, and CBD Ground as new protest sites, the IYC's request is now moot. However, the court has issued a notice to the authorities regarding the reconsideration of this request.
ASG Sharma stated, "The entire petition revolves around the right to peacefully protest at Jantar Mantar. All other requests stem from this central issue. We have denotified Jantar Mantar as per the Supreme Court's orders."
He also mentioned that a challenge against the denotification of Jantar Mantar has been filed in the Supreme Court.
Senior counsel for the petitioner, Sidharth Luthra, indicated plans to amend the petition in light of recent developments and requested the court to seek the police's position on additional requests.
The court has also issued a notice regarding concerns over the 'automatic and disproportionate prohibition' of peaceful assembly without proper assessment, as well as the requirement for protest applications to be submitted at least ten days in advance.
The next hearing is scheduled for November.
On October 9, the Supreme Court urged the government to explore alternative venues for peaceful protests in the capital, highlighting the necessity for sites equipped with essential amenities for demonstrators. This came during discussions about proposed restrictions on metro stations and train cancellations due to a protest organized by the Cockroach Janta Party (CJP) against CEC Kumar.
Earlier this month, the IYC, led by national president Uday Bhanu Chib, challenged the Delhi Police's refusal to grant permission for a protest at Jantar Mantar, which was denied on October 1.
The youth wing of Congress is calling for Kumar's resignation over alleged electoral roll irregularities.
The petition raises critical questions about how police authorities regulate fundamental rights under Articles 19(1)(a) and 19(1)(b) of the Constitution when considering applications for peaceful demonstrations at Jantar Mantar.
The IYC's proposed demonstration is rooted in concerns about transparency, accountability, and the functioning of constitutional institutions, aiming to exercise the right to free speech and peaceful assembly.
The IYC had submitted a request to the Delhi Police on September 25 for a peaceful demonstration involving 100-150 participants from October 1 to October 25, assuring compliance with all lawful conditions regarding security and public order, but the request was denied.