Delhi High Court has questioned the stand of Delhi Police in the matter of not giving permission for 'protest against reservation'. Justice Swarana Kanta Sharma, while hearing the petition filed by Kshatriya Karni Sena, asked how such a blanket ban can be imposed on any demonstration. Questioning the police's stand, the court said that instead of completely banning permission for any demonstration, the facts and circumstances of the case should be kept in mind. During the hearing of the case, the court sought answers from the police on the issues raised in the petition.
Karni Sena gave information about two petitions in the court
Advocate Roshan Dhanai, appearing for Kshatriya Karni Sena, told the court that two separate petitions have been filed on behalf of the organization. The first petition is regarding suspension of accounts related to Meta's platforms Facebook and Instagram and messaging platform WhatsApp. The advocate said that the Instagram account was later restored, but the live video facility on the Facebook account and WhatsApp number are still suspended.
Case of permission for demonstration at Jantar Mantar
The second petition is related to permission for demonstration at Jantar Mantar. According to the advocate, in this case the court had asked Delhi Police to consider the application given for the demonstration. Now during the hearing, the matter was placed before the court regarding the stand of the police and the action taken on the application.
Permission withheld citing fear of crowd increase
Advocate Roshan Dhanai told the court that the police had earlier said that permission for the demonstration would be given. According to him, “ACP called us and said that permission would be granted. After this, a letter was sent on the 15th saying that permission cannot be granted.” According to Dhanai, the police, while giving the reason for this, expressed apprehension that more people may reach the protest than claimed by the organization and in such a situation it may be difficult to control the crowd.
Permission should have been given with some conditions, how was it refused?
When permission was not given by the police, Justice Swarn Kanta Sharma raised the question as to how permission for the demonstration could be rejected merely on the basis of fear of possible increase in crowd. He asked the police whether such an order could be issued. Justice Swarn Kanta Sharma said that even in the last hearing, the court had made it clear that the police can set certain conditions and restrictions for the demonstration and permission can be given with the same conditions. The court said that since the demonstration is for a few hours, consideration should have been given to granting permission by imposing appropriate conditions.
What was said by Delhi Police
ASG Chetan Sharma, appearing through video conferencing on behalf of Delhi Police, said that the police has cited some guidelines of the Supreme Court and action is being taken accordingly. Describing Jantar Mantar as a sensitive area, he said that other people and organizations are also not being allowed to protest continuously. Citing the lack of space and the number of likes on social media, the ASG expressed apprehension that more people may reach the protest than the capacity of Jantar Mantar. On this, advocate Roshan Dhanai, appearing for Karni Sena, said that not all people watching the video on social media will come to participate in the protest. Describing Jantar Mantar as a place historically used for protests, he said that Delhi Police also has control over it.
Discussion on the option of changing the location also
During the hearing, Justice Swarn Kanta Sharma asked whether the demonstration could be allowed if the venue was changed. On this, ASG Chetan Sharma said that this option will be considered. He also said that any large gathering at Jantar Mantar impacts the traffic and order of entire Central Delhi. On this, Justice Swarn Kanta Sharma again questioned how a complete ban could be imposed on the demonstration. The court asked the police to consider the possibility of granting permission with certain conditions and an alternative location. ASG said to bring instructions in this regard. The next hearing of the case will be on September 22.
Follow the LALLURAM.COM MP channel on WhatsApp
