The Delhi High Court on Tuesday listed for hearing on October 16 a public interest litigation seeking directions to authorities to permit peaceful protests at Jantar Mantar and declare right to peaceful protest as part of free speech.
A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma asked the petitioner to bring on record a copy of a similar plea pending in the Supreme Court.
“We want to have a copy of the Supreme Court petition. We don’t want to pass contradictory orders,” the bench said.
Additional Solicitor General Chetan Sharma informed that the top court has deferred hearing till October 15 on protest-related petitions filed before it.
Hundreds took to the streets in central Delhi on October 10 and 11 after the Cockroach Janta Party (CJP) called a protest against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
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The court also adjourned to November a PIL by National Students’ Union of India president Vinod Jakhar’s petition sought a “fair, independent and time-bound probe into a series of assaults committed in broad daylight” on October 10 on ordinary protesters.
ASG Sharma objected to the maintainability of the PIL, asserting that it was filed in violation of the PIL rules.
The court permitted the Centre to file its preliminary objections in three weeks.
Jakhar’s counsel urged the court to direct preservation of the relevant CCTV footage in the meantime.
Counsel for petitioner Anshikha Tripathi, who sought protection of the right to peaceful protests, said there was a “grave concern” over the number of people who were house arrested.
Tripathi’s petition sought a direction to the state to permit peaceful protesters to carry out protests in and around Jantar Mantar and to earmark different places for agitations.
It also sought an SIT probe into the alleged atrocities committed on peaceful protesters and examination of house arrests.
The plea further assailed the issuance of prohibitory orders, internet shutdown in central Delhi as well as continued unnecessary and disproportionate closure of metro stations and railway restrictions.
Tripathi’s plea said the State’s duty to maintain public order must be discharged consistently with the democratic value of peaceful dissent and the constitutional prohibition against arbitrary restrictions upon fundamental rights.
Jakhar’s public interest litigation claimed that there are videos of “anti-social elements” in civil dress manhandling and beating peaceful protestors.
If such incidents are not examined, there will be a chilling effect on the exercise of fundamental freedoms of speech and expression, the right to assemble peaceably and without arms, and the right to move freely throughout the territory of India, the plea argued.
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It sought directions to the authorities to preserve and hand over to the investigating team the CCTV footage of October 10 from 12 noon to 6 pm from all cameras at the Inner and Outer Circle of Connaught Place, Indira Chowk, the stretch outside Khadi Gramodyog Bhavan, Sansad Marg, Janpath and Jantar Mantar Road, and at the Rajiv Chowk, Janpath, Patel 22 Chowk and Barakhamba Road Metro stations.
Since the filing of the petitions, Jantar Mantar has been denotified as a designated site for protests, and Delhi Police has named three new spots for holding such demonstrations.
Delhi Police Commissioner Anurag Kumar issued the standing order on October 11, naming Ramlila Maidan, Burari Ground and CBD Ground as the new designated sites for protests and demonstrations.
