Indian Youth Congress Moves Delhi High Court Against De-Notification Of Jantar Mantar As Protest Site
Indian Youth Congress Chief Uday Bhanu Chib has moved the Delhi High Court challenging the decision of the Delhi Police to de-notify Jantar Mantar as a designated protest site.
A similar plea has been filed before the Supreme Court by Advocate Swati Malik.
Chib has filed the application challenging the decision in his pending petition seeking reconsideration of its request to hold protest against CEC Gyanesh Kumar by undertaking fresh, reasoned assessment and examining whether security, traffic and public order concerns can be addressed through reasonable conditions.
Yesterday, Justice Amit Mahajan had permitted Chib to amend the prayer clause of the plea. While doing so, the judge had issued notice on the other prayers.
The application has challenged the decision announced by the Delhi Police on October 12, following recommendation by a committee formed by Ministry of Home Affairs.
As per a Standing Order on Guideline For Holding Protests of Demonstrations in Delhi issued by Delhi Police Commissioner Anurag Kumar, MHA had constituted a committee to examine an alternative proper venues for holding/organizing protests in place of the existing designated site.
"Based on the Committee's recommendation, Jantar Mantar as a protest venue has been de-notified. Three new venues Ramlila Ground, Burari Ground and CBD Ground East Delhi have been designated as new venues for organizing protests/demonstrations" the SO states.
It further states that a detailed SOP for organizing protests/demonstrations at these three venues will be issued separately.
Through prayer (c), Chib's plea seeks a declaration that the 2022 Standing Order cannot be enforced to impose an automatic or disproportionate prohibition on peaceful assemblies without an individualised assessment and consideration of less restrictive regulatory measures.
The plea challenges the 2022 Standing Order (SO 48) to the extent that an internal administrative instruction is interpreted as an independent source of substantive power to prohibit rights guaranteed under Articles 19(l)(a) and 19(l)(b), without a lawful constitutional and statutory basis and without the individualized assessment contemplated by the Standing Order itself.
Prayer (d) seeks a direction to the authorities to reconsider IYC's request by undertaking a fresh, reasoned and individualised assessment and examining whether security, traffic and public order concerns can be addressed through reasonable conditions.
Notably last week the Supreme Court had asked the Centre to consider whether another location should be designated for peaceful protests in place of Jantar Mantar, considering the suggestion that an alternative venue equipped with adequate amenities for protesters needs to be identified.
The Top Court had passed the direction after Solicitor General Tushar Mehta informed the Court that the competent authority would consider designating a place other than Jantar Mantar for peaceful protests, and requested to record the statement in the order.