New Delhi: Delhi High Court Monday granted time till October 13 to the city police to respond to a plea of the Indian Youth Congress (IYC) seeking permission to protest against Chief Election Commissioner Gyanesh Kumar at Jantar Mantar over alleged irregularities in the SIR exercise.
At the outset, Additional Solicitor General (ASG) Chetan Sharma, representing Delhi Police, told Justice Amit Mahajan that he will take instructions on the issue and inform the court Tuesday.
Noting the statement of the ASG, the court listed the matter for hearing Tuesday.
Senior advocate Sidharth Luthra, representing the petitioner, said the plea was filed four days back and the police’s counsel could have taken the instructions by now. He insisted that the matter be heard today itself.
Senior advocate Vivek Tankha, also appearing for the petitioner, urged the court to hear the case today itself, saying the matter is of public importance.
Justice Mahajan responded that if the matter was of public importance, then it should have gone before the division bench.
The IYC, through its national president Uday Bhanu Chib, approached the court challenging Delhi Police’s October 1 communication denying permission to protest at Jantar Mantar.
The Congress’ youth wing is demanding the resignation of Chief Election Commissioner Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
The petition said it raises the question concerning the manner in which the fundamental rights guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution can be regulated by the police authorities while considering an application for a peaceful democratic demonstration at Jantar Mantar.
“The proposed demonstration arises out of concerns regarding transparency, accountability and functioning of constitutional institutions, and was proposed as a peaceful exercise of the petitioner’s right to freedom of speech and expression and the right to assemble peacefully and without arms,” it said.
The IYC on September 25 sought permission from Delhi Police for a peaceful demonstration of around 100-150 people at Jantar Mantar from October 1 to October 25.
It said it had undertaken to comply with all lawful conditions concerning security, traffic, discipline and public order, but the prayer was rejected.
“The petitioner does not dispute that the State is entitled to regulate assemblies in the interests of public order, traffic management, public safety and the rights of residents and other members of the public. The challenge, however, is to the manner and extent of such regulation.
“A power to regulate a fundamental right cannot be converted into an unfettered power to prohibit its exercise. The constitutional requirement is one of reasonable regulation, individualised assessment and proportionality, and not mechanical refusal,” the petition said.
It said the cause of action is not merely the refusal of a particular permission, but concerns the constitutional limits upon administrative discretion when a state authority regulates the exercise of fundamental freedoms.
The plea sought that the October 1 communication of police be quashed and fresh and lawful consideration of the petitioner’s request be directed.
