New Delhi: The city police Tuesday told the Delhi High Court that the decision to denotify Jantar Mantar as the designated protest site was taken pursuant to the directions of the Supreme Court.
Additional Solicitor General Chetan Sharma made the submission before Justice Amit Mahajan, who was hearing a plea by Indian Youth Congress (IYC) seeking permission to protest against Chief Election Commissioner Gyanesh Kumar at Jantar Mantar over alleged irregularities in the SIR exercise.
Even as the law officer asserted that in view of the police’s decision naming Ramlila Maidan, Burari Ground and CBD Ground as the new designated sites for protests, the IYC’s plea was infructuous, the court issued notice to the authorities on the prayer with respect to reconsideration of the request.
“The entire petition is about peaceful protest at Jantar Mantar. All other prayers flow from it. Today, we have denotified Jantar Mantar pursuant to orders of the Supreme Court,” ASG Sharma told the bench.
He also submitted that a plea has been filed in the apex court challenging the denotification of Jantar Mantar as a protest site.
The petitioner’s senior counsel Sidharth Luthra submitted that he would amend the plea in view of the development and urged the court to seek the police’s stand on the other prayers.
The court also issued notice to the police on prayers against “automatic, mechanical, unguided or disproportionate prohibition of peaceful assembly without an individualised assessment and consideration of less restrictive regulatory policy” as well as the requirement to apply for a protest at least 10 days prior to the proposed date.
The matter would be heard next in November.
On October 9, the Supreme Court had asked the government to consider designating an alternative venue to Jantar Mantar for peaceful protests in the national capital.
The top court had emphasised the need for a site equipped with basic amenities for demonstrators while hearing a plea challenging proposed restrictions on metro stations and the cancellation of trains arriving in the national capital in view of a protest called by the Cockroach Janta Party (CJP) against CEC Kumar.
The IYC, through its national president Uday Bhanu Chib, approached the court earlier this month challenging Delhi Police’s October 1 denial of permission to protest at Jantar Mantar.
The Congress’ youth wing is demanding the resignation of Kumar over alleged irregularities in the Special Intensive Revision 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 applied to the Delhi Police September 25 for a peaceful demonstration of around 100-150 persons 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.
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