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The Supreme Court on Monday refused to pass orders on an application against a protest march announced by the Cockroach Janata Party on September 5 in Delhi.

Though the Court issued notice to the Centre and the Delhi Police on the application, it refused to list the matter before September 5, despite the fervent requests made by the applicant's lawyer Dr Rizan Ahmed for a posting on September 3. 

The bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana posted the matter to September 10, to be heard along with other matters relating to the student protests. Observing that law and order was within the domain of the police, the Court asked the petitioner to raise his concerns before the Centre and the Police.

CJP has announced the protest alleging that the Centre has failed to honour its commitment to drop the cases against the students who participated in the July protest over the exam-paper leak

The applicant, retired Delhi police officer Rajendra Singh, sought that large-scale demonstrations or protest marches should not be held in sensitive areas of the national capital without obtaining requisite permissions. The applicant's counsel Ahmed submitted that no application has been submitted by the organisers till date to his knowledge seeking permission. He also pointed out that the BRICS Summit is scheduled to happen in Delhi next week, and raised concerns about a protest march being held when the international media is around.

"On 12th and 13th , international dignitaries are coming to the capital. What happened at the AI Summit? People stripped and danced...my submission is - Postpone the march till 15th of this month. Is the demand urgent? Is the police conducting raids against people? Whatever CJP is doing...can't they wait till BRICS summit to end?"

The Chief Justice replied that the Court has no reason to preempt that anything untoward will happen. "We will at least, as of now, presume everybody will behave in a peaceful manner. Right now there is no compelling circumstance to assume that any untoward thing will happen."

Ahmed however submitted that "presumption comes out of experience", and said that the July 20 Sansad March announced by the CJP had led to large-scale violence. "God forbid another mishap, not by CJP, maybe by some mischievous elements..."

The CJI said that the matter has to be ultimately considered by the police authorities.

While the bench agreed to issue notice on the application, it refused to give a posting ahead of the date of the proposed march.

Pressing his arguments, Ahmed submitted that the group was behaving as if the BNSS was not applicable to them. He warned that the nation may have to pay a heavy price if necessary action is not taken. "They are amending BNSS on their own free will. Nation will not remember this in a pleasant manner. The arrogance some people are exhibiting...you require permission of the concerned police station.."

The CJI repeated that it is within the domain of the Government and the Police to act. "Before us, there is no identified group. You please impress upon Union or NCT Delhi. It's for them to maintain law and order. They should act as per law."

Ahmed said that the CJP will not seek permission as they have "tasted blood" after the July protest. "They have tasted blood. They won't seek permission. Police will stop. This is what they want in front of international media. If their counsel appears, atleast it will show respect to law of land," he said.

"We are not calling upon anyone who is not party before us. Approach the central government," CJI said.

Ahmed said that the organisation has no registered office or letterhead and hence they cannot be made a party. "We cannot make them a party. They don't have an office. They don't have a letterhead,"

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