Peaceful Protests Allowed Near Central Vista, Jantar Mantar But Subject To Guidelines Framed Under Standing Order: Delhi Govt To High Court

Justice Subramonium Prasad of the Delhi High Court recently allowed a petitioner’s plea for permission to carry out a dharna/protest at Jantar Mantar, in exercise of his fundamental right under Article 19(1)(b) of the Constitution of India. The petition was filed assailing the Additional Deputy Commissioner of Police’s rejection of the petitioner’s application to conduct a protest at Jantar Mantar from October 25-30, 2023 between 10:00 AM and 06:00 AM. Reportedly, the respondents had rejected the petitioner’s application as it was not in accordance with Standing Order No. L&O/48/2022, which lays down guidelines for organizing protests at or near Central Vista, including Jantar Mantar and Boat Club. Under these guidelines, the spot for protests has been identified at Jantar Mantar on the principle of “minimum disturbance to residents, traffic movement and adequate space for protesters for demonstration in a regulated manner”. The guidelines mandate that a protest shall be carried out between 10:00 AM and 05:00 PM, and no program shall be permitted to be organized for more than a day continuously. The court had issued notice in the matter on November 06, 2023 and called for a Status Report. Alongwith the Status Report, the respondents filed Standing Order No.L&O/48/2022. In view of the above, the court permitted the petitioner’s plea, subject to his filing an application and furnishing an undertaking in accordance with the guidelines laid down in the Standing Order. On an offer by the Delhi government’s counsel to pick a date, the petitioner said that he intended to conduct the protest on December 17, 2023. Accordingly, the protest was permitted to be carried out on December 17. In September this year, a Division Bench of Chief Justice Manmohan and Justice Sanjeev Narula was also seized of a similar matter [W.P.(C) 12264/2023], where a PIL was moved by the President of National South Indian Rivers Interlinking Farmers Association stating that the Association wanted to hold a protest at Jantar Mantar but had been denied permission without any reason. At that time as well, GNCTD’s counsel had referred to Standing Order No.L&O/48/2022 issued on April 28, 2023 and conceded that the petitioner may file a fresh representation keeping in view the Standing Order, which shall be considered in accordance with the rules. Counsels for respondents: CGSC Anurag Ahluwalia with GP Shivam Sachdeva for UOI; ASC Satyakam for GNCTD Case Title: Maj Dr. Sachin Bapusaheb Khandagale v. Union of India & Ors.Citation: 2023 LiveLaw (Del) 1209Click here to read/download order

Peaceful Protests Allowed Near Central Vista, Jantar Mantar But Subject To Guidelines Framed Under Standing Order: Delhi Govt To High Court

Debby Jain

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