Supreme Court Petition Challenges Jantar Mantar De-Notification as Protest Site
A legal challenge has been filed against the Delhi police's recent decision to remove Jantar Mantar as a designated protest site.
A petition argues that de-notifying Jantar Mantar infringes on fundamental rights to protest.
Delhi Police replaced Jantar Mantar with three alternative protest venues.
The Supreme Court's previous rulings on protest rights are cited in the petition.
A petition has been submitted to the Supreme Court contesting the Delhi police's order from October 11, which removed Jantar Mantar as an official site for protests. The police have designated Ramlila Ground, Burari Ground, and CBD Ground in East Delhi as new venues for public demonstrations. This legal challenge is expected to be heard in court soon.
The Delhi Police's decision to de-notify Jantar Mantar aligns with recommendations from a committee established by the Union Ministry of Home Affairs. The police asserted that this move was justified by a Supreme Court order issued on October 9, which influenced their decision-making process. The petition, filed by advocate Swaty Singh, claims that this action violates citizens' constitutional rights to free speech and peaceful assembly as outlined in Articles 19(1)(a) and 19(1)(b).
The petition emphasizes that the ability to protest is not merely about gathering in a designated area but is fundamentally about expressing grievances and drawing attention to issues needing resolution. It argues that the effectiveness of protests is significantly influenced by their proximity to relevant institutions and the visibility of demonstrators to the public and authorities. Relocating protests to more distant venues could hinder their communicative purpose, the petition contends.
Furthermore, the petition critiques the rationale behind the new designated sites, questioning their accessibility and practical usability. It references a 2018 Supreme Court ruling that deemed a complete ban on protests at Jantar Mantar and the Boat Club as unconstitutional. The current petition asserts that the recent de-notification contradicts this judgment and calls the standing order arbitrary and lacking procedural integrity.
The legal team representing the petition includes advocates Lakshay Saini and Tushar Gupta, with Senior Advocates Mukta Gupta and Nandita Rao set to argue the case. As the matter awaits a hearing, the implications of this decision could significantly affect the public's ability to exercise their rights to protest in the capital.
