Delhi Police Seeks Time To Respond To Indian Youth Congress' Plea Over Denial Of Permission To Protest Against CEC Gyanesh Kumar

The Delhi High Court on Monday (October 12) said that it will hear on Tuesday Indian Youth Congress' (IYC) plea challenging denial of permission to protest against CEC Gyanesh Kumar at Jantar Mantar.

Justice Amit Mahajan listed the matter on Tuesday after Additional Solicitor General Chetan Sharma appearing Delhi Police sought time to take instructions. 

Senior advocates Siddharth Luthra and Vivek Tankha appeared for IYC.

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

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.