Justice Subramonium Prasad of the Delhi High Court recently granted approval for a petitioner's request to conduct a dharna/protest at Jantar Mantar, citing the fundamental right under Article 19(1)(b) of the Indian Constitution. The petition contested the rejection by the Additional Deputy Commissioner of Police of the petitioner's application to organize a protest at Jantar Mantar from October 25-30, 2023, between 10:00 AM and 06:00 AM.
According to reports, the rejection was based on non-compliance with Standing Order No. L&O/48/2022, outlining guidelines for protests near Central Vista, including Jantar Mantar and Boat Club. These guidelines aim to ensure minimal disturbance to residents, traffic flow, and adequate space for regulated protests at Jantar Mantar.
The guidelines specify that protests should occur between 10:00 AM and 05:00 PM, and no program should extend for more than a day continuously. The court, after issuing notice on November 06, 2023, and requesting a Status Report, permitted the petitioner's plea, contingent on adherence to guidelines outlined in the Standing Order.
Upon the Delhi government's counsel offering a date, the petitioner expressed intent to conduct the protest on December 17, 2023. Subsequently, the court allowed the protest on the specified date, provided the petitioner submitted an application and undertook to comply with the Standing Order's guidelines.
In a related matter in September of the same year, a Division Bench comprising Chief Justice Manmohan and Justice Sanjeev Narula handled a similar case (W.P.(C) 12264/2023). The President of the National South Indian Rivers Interlinking Farmers Association had moved a PIL, asserting denial of permission for a protest at Jantar Mantar without valid reasons.
During that instance, the counsel for the Government of the National Capital Territory of Delhi (GNCTD) referred to Standing Order No. L&O/48/2022, issued on April 28, 2023. They conceded that the petitioner could submit a fresh representation considering the Standing Order, promising due consideration in accordance with the rules.
Legal counsels involved in the matter include CGSC Anurag Ahluwalia with GP Shivam Sachdeva representing the Union of India (UOI) and ASC Satyakam representing GNCTD.
This legal development underscores the delicate balance between individual rights to peaceful assembly and the authorities' responsibility to maintain public order, as outlined in standing orders and guidelines. The court's decision reflects a nuanced approach, allowing for peaceful protests while emphasizing adherence to established regulations to ensure minimal disruption to the public and the city's functioning.
TAGS: Justice Subramonium Prasad Delhi High Court Dharna/protest Article 19(1)(b) Additional Deputy Commissioner of Police Jantar Mantar
