Jantar Mantar A Public Road, Should Never Have Been Designated A Protest Site : Delhi Police Commissioner To Supreme Court

The Delhi Police Commissioner has filed an affidavit before the Supreme Court defending the de-notification of Jantar Mantar as a designated protest site. He states that the decision was taken keeping in mind public interest and as per the Supreme Court's observation, no one can claim an absolute right to protest at a particular location. 

The Delhi Police Commissioner states that following de-notification of Jantar Mantar as a designated protest site, 3 alternate sites have been designated/redesignated for holding protests/demonstrations - Ramlila Maidan (Central Delhi), CBD Ground (East Delhi) and Burari Ground (North West Delhi). 

"It may be pointed out at the outset that Jantar Mantar is not a 'site' as understood but is, in fact, a public road. Being a public road, it ought not to have been declared as a designated protest site since it continues to be used [though with difficulty] as a public road," Commissioner Anurag Kumar stated in response to the writ petition filed by Swaty Singh.

As per the affidavit, with the advent of technology and social media, the proximity of a protest site to the seat of the government has "ceased to be relevant and has become redundant". 

The affidavit states that the decision to de-notify Jantar Mantar as a protest site was taken by the Delhi Police Commissioner "after due consideration of the relevant factors and criteria" and upon consideration of the recommendations of the Committee constituted by the Ministry of Home Affairs, Government of India. It is said that the decision was taken in the interest of maintaining public order and larger public interest. 

The Delhi Police Commissioner has categorically denied as "incorrect" the claim that Jantar Mantar was de-notified as designated protest site pursuant to the Court's order dated October 9 (whereby authorities were issued notice on the plea challenging de-notification of Jantar Mantar as a designated protest site and asked to consider alternate sites).  

"It is submitted that the proposed change in the notified venue for protests had been under consideration of the deponent and the Central Government for a considerable period in view of the changed circumstances". 

"In last 6 years, the ground situation has changed substantially...the area surrounding Jantar Mantar has witnessed increasing concerns relating to  public order as well as public safety, traffic regulation, crowd management, law and order, protection of sensitive and vital installations, and the convenience of residents and commercial establishments. The proximity of the new Parliament premises has further enhanced the significance of regulating activities in the surrounding areas."

The affidavit states that the decision was preceded by constitution of a Committee vide Office Memorandum dated 26.08.2026 to "examine the appropriateness of continuing Jantar Mantar as a designated protest site and to suggest alternative locations to be designated for the purpose". This Committee unanimously recommended that Jantar Mantar was no longer a suitable venue for protests and demonstrations. 

Jantar Mantar Witnesses Over 1,300 Protests Annually

The Delhi Police has stated that Jantar Mantar witnesses more than 1,300 protests and demonstrations annually, involving various groups and causes.

According to the affidavit, the designated venue has a maximum assessed capacity of approximately 1,500 persons. The police said that the number of protesters on July 20, 2026, exceeded the venue's capacity, creating concerns about crowd management and public safety.

It further stated that gatherings in the surrounding areas of Janpath and Connaught Place could affect the day-to-day lives and livelihoods of people, including those attempting to access government offices.

The police also pointed out that the area surrounding Jantar Mantar houses 78 foreign embassies, diplomatic missions and offices of international organisations within a radius of approximately three to four kilometres.

Additionally, 99 offices of the Central Government, various ministries and autonomous institutions, including the Reserve Bank of India, are situated in the vicinity.

The affidavit stated that these offices are regularly visited by members of the public and that the area sees a daily footfall of approximately 1.46 lakh persons.

The police have also cited the presence of residential units, commercial establishments and hospitals in the vicinity of Jantar Mantar.

The affidavit states that approximately 7,017 private residential housing units, 36,685 residents and 5,349 government residential housing units accommodating approximately 27,881 residents are located within a radius of three to four kilometres.

It further refers to Ram Manohar Lohia Hospital, a major Central Government-run super-specialty hospital, situated in the immediate vicinity of Jantar Mantar.

According to the police, persistent traffic congestion and protests in the area can obstruct the movement of patients and ambulances requiring immediate medical attention, thereby affecting emergency medical services.

Protesters Cannot Insist On Particular Location

"The right to protest is required to be balanced by statutory authorities with the rights of non-protesting citizens and other members of the public, including their right to earn their livelihood, carry on their business and other activities peacefully, as well as their right to move freely within the capital city of India. The petitioners cannot claim any vested right to insist upon a particular site for the purpose of exercising their right to protest," the affidavit stated.

The Delhi Police Commissioner further states that identification of Jantar Mantar as a designated protest site "was contrary to public interest since the inception" as the concerned location is a stretch of public road meant for the use and free movement of the public. 

As per the affidavit, the grounds for taking the decision to de-notify Jantar Mantar included: 

(i) The MHA Committee unanimously found Jantar Mantar unsuitable for protests, citing public safety, law and order, traffic management, emergency response and protection of vital installations;

(ii) The venue's assessed maximum capacity of approx. 1500 persons necessitates consideration of alternative sites for regulated demonstrations;

(iii) The proximity of the new Parliament premises warrants due consideration of the security of this vital constitutional institution as the Parliament building is the symbol of sovereignty of any country;

(iv) The need to ensure smooth traffic movement, emergency access and minimal disturbance to residents, offices and commercial areas supports relocation to more suitable venues;

(v) The Hon'ble Supreme Court has clarified that the right to protest does not confer an absolute right to a particular location;

(vi) The MHA Committee identified Ramlila Maidan, CBD Ground and Burari Ground as suitable alternative venues after assessing relevant public-safety and operational requirement.

The affidavit closes with a prayer that the Court decline to interfere with the decision to de-notify Jantar Mantar, as the petitioners "cannot claim a fundamental right to insist upon exercising their right to protest at any particular site, much less at a location comprising a public road intended for the free movement of citizens". 

Notably, along with the response to lead petition (MA Baby), the Delhi Police Commissioner has also produced the Section 163 BNSS orders imposed across Delhi pursuant to the direction of the Supreme Court.

A separate affidavit filed in response to the petition filed by Senior Advocate Menaka Guruswamy stated that Opposition leaders, including Trinamool Congress chief Mamata Banerjee and Derek O Brien were removed from South Avenue due to violation of Section 163 orders, and not detained.