Delhi High Court Declines Urgent Hearing Of Indian Youth Congress' Plea Over Denial Of Permission To Protest Against CEC Gyanesh Kumar

The Delhi High Court on Thursday refused urgent hearing of Indian Youth Congress' plea challenging denial of permission to protest against CEC Gyanesh Kumar at Jantar Mantar.

Senior Advocate Sanjoy Ghose appearing for IYC said that all defects in the petition are cured and that the Court had asked him to mention matter again today in case it is not listed. 

However, denying urgent listing for today, a division bench headed by Acting Chief Justice Nitin Wasudeo Sambre said: “No. We are hearing it on Monday.”

The plea has been filed by IYC President Uday Bhanu Chib.

Yesterday, the plea was mentioned before the ACJ who said that the plea will be listed within 24 hours and that in case the same does not happen, the counsel can mention the matter again (on Friday). It was mentioned again today since the matter was not listed.

The plea argues that the police cannot convert the power to regulate a peaceful assembly into a power to prohibit it, without an individualized and proportionate assessment.

The IYC had applied to the Delhi Police on September 25 for a peaceful demonstration of approximately 100–150 persons.

While doing so, it had undertaken to comply with all lawful conditions concerning security, traffic, discipline and public order.

However, the plea states that despite repeated follow-ups, the rejection was communicated only on October 01, the first proposed date of the protest.

The petition invokes Articles 14, 19(1)(a) and 19(1)(b) of the Constitution of India and challenges the alleged mechanical application of the protest guidelines.

It also relies upon settled Supreme Court jurisprudence protecting the right to peaceful assembly and requiring proportionate regulation.

The plea has been filed through Advocate Roopesh Singh Bhadauria.