Delhi Police's decision to remove Jantar Mantar from the list of designated places for protests has been challenged in the Supreme Court. In the petition, it has been described as a violation of the fundamental rights of freedom of expression and peaceful assembly. The case is likely to be heard on Thursday, October 15.
Tezzbuzz Desk – A petition has been filed in the Supreme Court against the Delhi Police's decision to remove Jantar Mantar from the list of designated sites for protests in Delhi. In an order issued on October 11, Delhi Police had earmarked Ramlila Maidan, Burari Maidan and East Delhi's CBD Maidan for protests instead of Jantar Mantar. This order has now been challenged in the Supreme Court. The case is likely to be heard on October 15.
According to the order issued by Delhi Police Commissioner Anurag Kumar, this decision was taken on the basis of the recommendations of a committee of the Union Home Ministry. This committee was formed with the aim of examining alternative locations for citizens' protests and dharnas.
Allegation of violation of fundamental rights
Delhi Police had also defended its decision before the High Court in a case filed by the Indian Youth Congress. Police said that this step has been taken on the basis of the Supreme Court's order of October 9.
In the petition filed in the Supreme Court on behalf of lawyer Swati Singh, it has been said that the decision to remove Jantar Mantar from the list of places designated for protests violates the fundamental rights under Articles 19(1)(a) and 19(1)(b) of the Constitution. Under these provisions, citizens have the right to freedom of expression and peaceful assembly.
Why is the choice of place for protest important?
The petition also states that the government can regulate these rights to maintain law and order, but such regulation should not be such that the fundamental rights are completely banned or their use becomes ineffective.
According to the petitioner, the selection of the place for the protest is very important. The purpose of a demonstration is not only to gather people at one place, but also to put forward their grievances, express disagreement and draw the attention of the concerned authorities and the general public towards important issues.
What was the argument given in the petition?
It has been argued in the petition that the right to protest is not limited to gathering at a designated place only. Through this, citizens put forward their problems and demands publicly. Therefore, it is important for the demonstration site to be close to the concerned institutions, accessible to the common people and for the concerned parties to pay attention to the demonstration.
According to the petition, ignoring these aspects may defeat the purpose of the protests. Now, during the hearing of this case in the Supreme Court, it will be important to see what stand the court takes on the petition challenging the decision to remove Jantar Mantar from the list of designated protest sites.