Delhi High Court judge Justice Amit Mahajan on Friday orally observed that protests should ideally not be held at Jantar Mantar or within the city, remarking that the national capital cannot be “put to ransom” because of demonstrations.
Justice Mahajan orally remarked that he personally does not think that protests should happen inside the city as the same affects functioning of the general public, including roads and ambulances, etc.
The remarks were made while hearing a plea seeking permission for a peaceful protest at Jantar Mantar on August 10, over the demand for inclusion of Dalit Christians in the Scheduled Castes framework.
While refusing to interfere in the matter, the Court said that the Delhi Police will take a call on the issue, since law and order is its department.
The Court was dealing with a plea filed by All India Dalit Christian Rights Protection Committee (AIDCRPC), which was represented by Senior Advocate Sanjoy Ghose.
Ghose submitted that permission was being sought for a group of 75 people who will be gathering for the peaceful protest at Jantar Mantar and that he was only requesting that the application for permission be decided by the Delhi Police.
“Don’t put the city to ransom. Let the police take a call,” Justice Mahajan orally remarked.
On the other hand, ASG Chetan Sharma said that the petitioner have not taken NOC from the local authorities and that the Supreme Court is seized of the issue as to whether Jantar Mantar should at all be designated as a protest site.
He said that Section 144 of CrPC (now Section 163 of BNSS) is in place, independence day is round the corner and security forces have been deployed in the city.
“When this 75 (number of people) becomes 75 thousand we don’t know,” ASG said, adding that the Delhi Police will decide the application and convey its decision by tomorrow.
The judge then remarked,
“According to me these things (protests) should not happen in the city but it is ultimately the government’s call…..Why should the city be put to ransom unnecessarily?”
Accordingly, the Court disposed of the plea.
The plea sought permission for a three-hour stationary protest at Jantar Mantar from 10:00 AM to 1:00 PM, or alternatively, to allot another suitable venue or time slot within the national capital.
The petitioner, a registered welfare association working for the rights of Dalit Christians, submitted that it had applied for permission on July 9.
According to the plea, despite repeated follow-ups, the Delhi Police neither communicated a written decision nor disclosed any reasons for allegedly refusing permission.
The plea said that on August 4, the officials orally informed the petitioner organisation that permission would not be granted, without issuing a formal order or suggesting an alternative venue.
The petition argued that the proposed demonstration is intended to draw attention to the long-standing demand for extending Scheduled Caste status to Dalit Christians through an amendment to the Constitution (Scheduled Castes) Order, 1950.
It said that the protest would be limited to fewer than 100 participants, would not involve any march, procession, overnight stay or obstruction of public roads and would comply with all conditions under the Delhi Police Standing Order governing protests.
Title: ALL INDIA DALIT CHRISTIAN RIGHTS PROTECTION COMMITTEE v. GOVT. OF NCT OF DELHI THROUGH ITS DEPUTY COMMISSIONER OF POLICE & ANR
