The Delhi police on Tuesday told the High Court that they denotified Jantar Mantar as a designated protest site in New Delhi after a Supreme Court order earlier this month. The order prompted authorities to consider alternative, better-equipped spaces where residents could exercise their democratic rights without hindering public safety.
The Delhi police claimed that they denotified Jantar Mantar as a protest site after October 9. The controversial case was heard by a single-judge bench of Justice Amit Mahajan. The submission was made while the court was hearing a petition filed last week by Indian Youth Congress (IYC) president Uday Bhanu Chib against Delhi Police’s denial of permission for a protest at Jantar Mantar.
Additional solicitor general Chetan Sharma and standing counsels Ashish Dixit and Amit Tiwari were representing the Delhi police in the case.
What happened in the October 9 hearing?
During the October 9 hearing, the Supreme Court called for a rethink of Delhi’s decades-old arrangement of holding protests at Jantar Mantar, recording that the Delhi Police commissioner and other competent authorities would consider designating an alternative venue with better facilities for peaceful protesters.
A bench constituting Chief Justice of India (CJI) Surya Kant and justices Joymalya Bagchi and V Mohana stated Delhi needed a larger, better-equipped space where citizens could exercise their democratic right to protest without compromising public safety, access to emergency services or the interests of other residents. “It is high time that some other places with amenities for peaceful protestors need to be identified and designated,” the bench said in its order.
Following this, Delhi Police on Monday denotified Jantar Mantar as a protest site, ending its 33-year-long designation as one of the country’ agitation hubs. They designated three alternative venues for protests: Ramlila Maidan, Burari Ground in north Delhi, and CBD Ground in east Delhi.
The order, named "Guidelines for Holding Protests or Demonstrations in Delhi”, said the Union ministry of home affairs constituted a committee to “examine alternative proper venues for citizens' right to organise protest demonstrations in place of the existing ‘designated site’”.
“Based on the committee’s recommendations, Jantar Mantar as a protest venue has been de-notified,” the order said, adding that three new venues were designated for organising protests and demonstrations.
Urge To Reconsider Decision
On Tuesday, Chib’s lawyer Siddharth Luthra urged the court to issue notice in the prayers to reconsider its request by undertaking a fresh, reasoned and individualised assessment. With regard to the prayer against Delhi Police’s October 1 denial to hold a protest at Jantar Mantar, the senior counsel sought time to amend the prayer in view of Monday’s notification.
The law officer opposed notice being issued, saying the petition was infructuous in view of Monday’s notification. He said that all the prayers emanated from Chib’s prayer against the denial.
However, the bench issued notice on the reconsideration prayer and will now hear the case on November 17.