NEW DELHI: The Indian Youth Congress has moved the Delhi high court challenging the October 11 order de-notifying Jantar Mantar as a designated protest site, while a similar plea has also been filed in the Supreme Court.A separate writ petition has challenged the move, arguing that shifting demonstrations to distant locations could undermine the fundamental rights to peaceful assembly and freedom of expression.The petition in the Supreme Court has been filed by advocate Swaty Singh, according to Live Law.The application in the high court was filed by IYC president Uday Bhanu Chib on Wednesday in a pending petition over the denial of permission to hold the demonstration at Jantar Mantar in central Delhi.The organisation has challenged a standing order issued by Delhi Police Commissioner Anurag Kumar on October 11. The order removed Jantar Mantar from the list of designated protest sites and named Ramlila Ground, Burari Ground and CBD Ground in east Delhi as alternative venues.Delhi Police said a detailed, revised standard operating procedure (SOP) governing protests at the three locations would be issued separately. Advocate Roopesh Singh Bhadauria filed the latest application after amending the existing petition.
Delhi Police cites Supreme Court directions
During a hearing on October 12, Delhi Police told the high court that its decision to de-notify Jantar Mantar had been taken in accordance with Supreme Court directions.The police argued that the IYC’s original plea had become infructuous after three alternative protest sites were designated. However, the High Court issued notice to the authorities on the request to reconsider the matter.The IYC’s counsel told the court that the petition would be amended in light of the development, leading to the latest application.The dispute comes days after the Supreme Court, on October 9, asked the government to consider providing an alternative venue for peaceful protests in the national capital. The top court stressed that any such site should have basic facilities for demonstrators.The court was hearing a separate plea challenging proposed restrictions involving Metro stations and the cancellation of trains arriving in Delhi in view of a protest called by the Cockroach Janta Party (CJP) against Kumar on October 10.
IYC says protest is a constitutional right
The IYC had approached the High Court earlier this month after Delhi Police rejected its request on October 1 to hold a demonstration at Jantar Mantar.In its petition, the organisation argued that the case raises questions about how police authorities can regulate the fundamental rights to freedom of speech and expression, and to assemble peacefully, guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution.
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“The proposed demonstration arises out of concerns regarding transparency, accountability and functioning of constitutional institutions, and was proposed as a peaceful exercise of the petitioner’s right to freedom of speech and expression and the right to assemble peacefully and without arms,” the petition said.The IYC had applied to Delhi Police on September 25, seeking permission for a peaceful demonstration involving around 100 to 150 people between October 1 and October 25.The organisation said it had agreed to follow all lawful conditions relating to security, traffic management, discipline and public order. However, its request was rejected, prompting the legal challenge.
