Supreme Court Questions Delhi Police's Decision on Jantar Mantar as Protest Site
Supreme Court Reviews Jantar Mantar De-notification
Delhi police on October 11 de-notified Jantar Mantar as a designated protest site. (Photo:X)
New Delhi, Oct 15: On Thursday, the Supreme Court requested responses from the Central Government and Delhi Police regarding a petition that challenges the recent order from October 11, which removed Jantar Mantar's status as a designated protest area and proposed three alternative locations for demonstrations.
A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi noted that it would investigate whether the authorities had adequately considered the appropriateness and effectiveness of Jantar Mantar for protests.
During the proceedings, advocate Swaty Singh filed a petition advocating for the reinstatement of Jantar Mantar as a protest site, supported by senior advocate Gopal Sankaranarayanan.
Sankaranarayanan highlighted that the de-notification was reportedly based on a previous Supreme Court ruling.
However, Solicitor General Tushar Mehta clarified that the recent de-notification was not influenced by the earlier Supreme Court decision.
He explained that a committee had been formed to review the matter and had provided a report detailing the rationale behind the decision.
Senior advocate Mukta Gupta emphasized that a designated protest site must enable demonstrators to effectively express their views.
Justice Bagchi remarked that the matter should also be considered in light of technological advancements.
In response to concerns regarding Jantar Mantar's relocation due to its closeness to government buildings, the judge indicated that the court would seek further clarification from the authorities.
The Supreme Court instructed Delhi Police to present the prohibitory orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which has replaced Section 144 of the Code of Criminal Procedure (CrPC).
These orders had limited public gatherings and protests in Delhi over the past two weeks.
Additionally, the court ordered law enforcement to preserve CCTV footage and other digital records related to the protests.
The petition argued that relocating protests to remote areas could infringe upon the fundamental rights to peaceful assembly and freedom of expression.
On October 11, a standing order from Delhi Police Commissioner Anurag Kumar de-notified Jantar Mantar as a designated protest site, instead designating Ramlila Ground, Burari Ground, and CBD Ground in East Delhi as alternative locations for protests.